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DONOVAN v. CUOMO

126 A.D.2d 305 (1987)

James H. Donovan et al., Respondents, v. Mario Cuomo, Individually and as Governor of New York State, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 2, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (C. Michael Reger, Peter H. Schiff and Paul D. Silver of counsel), for appellants.

Mary B. Spaulding (George S. Lettko and A. Lawrence Washburn, Jr., of counsel), for respondents.

KANE, MAIN and LEVINE, JJ., concur.

MAHONEY, P. J.

Plaintiffs commenced this citizen taxpayer action pursuant to State Finance Law article 7-A challenging current and recent appropriations for medical assistance (Medicaid) funds within the State budget for abortion services. Under the Medicaid program, needy persons are provided with "medical assistance", which is defined as: "payment of part or all of the cost of care, services and supplies which...

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