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PERSICO v. MAHER

(10067)

191 Conn. 384 (1983)

BARBARA PERSICO v. EDWARD MAHER, COMMISSIONER OF SOCIAL SERVICES

Supreme Court of Connecticut.

Decision released September 13, 1983.

Attorney(s) appearing for the Case

Michael A. Arcari, assistant attorney general, with whom, on the brief, was Joseph I. Lieberman, attorney general, for the appellant (defendant).

Miriam Berkman, with whom were Stephen Wizner and, on the brief, P. J. Pittman, JohnL. Pottenger, Jr., and Peter Schuck, for the appellee (plaintiff).

SPEZIALE, C. J., PARSKEY, SHEA, BIELUCH and COVELLO, Js.

BIELUCH, J.

The basic issue before us is the legality of the defendant's denial of orthodontic service to the plaintiff's thirteen year old son, Donald Persico, as part of his Medicaid benefits, title XIX of the Social Security Act, administered by the defendant, the commissioner of the department of social services, now the department of income maintenance.

Donald Persico was a resident of the Curtis Home, a facility for emotionally disturbed children, as...

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