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AHRENS v. BOWEN

Nos. 74, 75, Dockets 86-6270, 87-6002.

852 F.2d 49 (1988)

Stephanie AHRENS and Gladys McCabe, individually and on behalf of all others similarly situated, Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Plaintiffs-Appellants, v. Otis BOWEN, M.D., individually and as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 14, 1988.

Attorney(s) appearing for the Case

Moira Morrissey, New York City, N.Y., Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of N.Y., Mary Fisher Bernet, of counsel), for plaintiffs-appellants.

Jane C. Reinhardt, Bay Shore, N.Y. (Nassau/Suffolk Law Services Committee, Inc., Leonard S. Clark, of counsel), for plaintiffs-appellants.

Kiyo A. Matsumoto, Brooklyn, N.Y., Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty. for the E.D.N.Y., Robert L. Begleiter, New York City, of counsel), for defendant-appellee.

Before MESKILL, PRATT, and ALTIMARI, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This case presents the novel question of whether federal regulations control determinations of eligibility for state benefits that are distributed and administered by a federal agency. The New York State Department of Social Services and the individual plaintiffs, Stephanie Ahrens and Gladys McCabe, appeal from the district court's denial of their motions for summary judgment and grant of judgment on the pleadings, pursuant to Fed.R...

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