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MATTER OF HERNANDEZ v. BLUM

61 N.Y.2d 506 (1984)

In the Matter of Bertina Hernandez, on Behalf of Her Son, Jose Hernandez, an Infant, Appellant, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents. In the Matter of Patricia Martin, Respondent, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1984.

Attorney(s) appearing for the Case

Eileen R. Kaufman for appellant in the first above-entitled proceeding.

Robert Abrams, Attorney-General (Diane DeFurio Foody and Peter H. Schiff of counsel), for Barbara Blum, respondent in the first above-entitled proceeding.

Samuel S. Yasgur, County Attorney (Denise J. D'Ambrosio and Lester D. Steinman of counsel), for Charles W. Bates, respondent in the first above-entitled proceeding.

Robert Abrams, Attorney-General (Diane DeFurio Foody and Peter H. Schiff of counsel), for appellant in the second above-entitled proceeding.

Thomas Dubel and Andrew M. Rothstein for respondent in the second above-entitled proceeding.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion.

Per Curiam.

The narrow issue presented in these two appeals is the legal effect of an Action Transmittal issued by the United States Department of Health and Human Services upon the New York State Department of Social Services computations for determining eligibility for Medicaid.

An Action Transmittal is a bulletin authorized by Federal regulations (45 CFR 201.3 [d]) and sent to State agencies by the Department...

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