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LEVI BY LEVI v. HECKLER

No. 1203, Docket 84-6041.

736 F.2d 848 (1984)

Herman LEVI, by his surviving spouse and executrix, Alice LEVI, Appellee, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 5, 1984.

Attorney(s) appearing for the Case

Alan Nisselson, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. Jane E. Booth, Asst. U.S. Atty., New York City, of counsel), for appellant.

Paul Blank, New York City, for appellee.

Constance P. Carden, New York City (Jonathan A. Weiss, New York City, of counsel), for amicus curiae Legal Services for the Elderly.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and BONSAL, District Judge.

PER CURIAM:

On November 15, 1977, Herman Levi was admitted to Gracie Square Hospital for treatment of old age chronic brain syndrome. Approximately ten weeks later, Levi was discharged from the hospital, but, because his wife was unable to take care of him in their small apartment, he did not return home. Instead, Levi was admitted to the Fort Tryon Nursing Home, where he received custodial care. While resident at the nursing home, Levi was notified by the insurance...

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