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DOE BY DOE v. PERALES

Civ. No. 91-6072.

782 F.Supp. 201 (1991)

Mary DOE, by her Power of Attorney Jane DOE; Lucy G.; and Clara S., by her Power of Attorney Richard S., on behalf of themselves and all persons similarly situated, Plaintiffs, v. Cesar PERALES, individually and in his capacity as Commissioner of the New York State Department of Social Services; W. Burton Richardson, as Director of the Monroe County Department of Social Services; and Rita B. Otterbein, as Director of the Wayne County Department of Social Services, Defendants.

United States District Court, W.D. New York.

Order Approving Settlement August 15, 1991.

Attorney(s) appearing for the Case

Joseph M. Connors, Bryan D. Hetherington, Monroe County Legal Assistance Corp., Ellen Yacknin, Greater Upstate Law Project, Rochester, N.Y., for plaintiffs.

Elizabeth J. McDonald, Office of New York State, Atty. Gen., Dept. of Law, James A. Robinson, Rochester, N.Y., Gary Lee Bennett, Wayne County Dept. of Social Services, Lyons, N.Y., for defendants.

DECISION AND ORDER

LARIMER, District Judge.

FACTS

Plaintiffs, all residents of local nursing homes, as representatives of a class, have commenced this action to enjoin the defendants from implementing changes in the New York State Medicaid program that have the effect of reducing the amount of exempt resources available to certain Medicaid recipients. Pending before me is plaintiffs' application for...

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