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MATTER OF COFFEY v. D'ELIA

61 N.Y.2d 645 (1983)

In the Matter of Mildred Coffey, Respondent, v. Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents, and David Axelrod, as Commissioner of the New York State Department of Health, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert E. Pearman, Melvyn R. Leventhal, Peter H. Schiff and Mary Ellen Weinberg of counsel), for appellant.

Leonard S. Clark and Maryellen C. Sullivan for petitioner-respondent.

Edward G. McCabe, County Attorney (Bruce Adams of counsel), for Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, without costs, and the determination of the Commissioner of the State Department of Social Services reinstated.

Petitioner, a recipient of Medicaid, suffers from chronic pulmonary disease. In October, 1980, petitioner made a request to the Nassau County Department of Social Services that she be provided an air conditioner under the Medicaid program...

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