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FRERKS v. SHALALA

No. 866, Docket 94-6111.

52 F.3d 412 (1995)

David FRERKS, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, and Gregory M. Kaladjian, Commissioner of the New York State Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 11, 1995.

Attorney(s) appearing for the Case

Charles Robert, Rockville Centre, NY (Robert, Lerner & Bigler, of counsel), for plaintiff-appellant.

Elliot M. Schachner, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty. for E.D.N.Y., Deborah B. Zwany, Bruce H. Nims, Asst. U.S. Attys., of counsel), for defendant-appellee Shalala.

Michele M. Woodard, Mineola, NY, Asst. Atty. Gen. (G. Oliver Koppell, Atty. Gen. of the State of N.Y., of counsel), for defendant-appellee Kaladjian.

Before: LUMBARD, VAN GRAAFEILAND, and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

David Frerks appeals from judgment on the pleadings granted in favor of the United States Secretary of Health and Human Services ("HHS") and summary judgment granted in favor of the New York State Commissioner of Social Services, entered in the Eastern District of New York (Spatt, J.) on March 31, 1994. The court upheld Administrative Law Judge ("ALJ") Charles Leonard's determination that Frerks was ineligible for Supplemental Security...

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