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KOSTOK v. THOMAS

No. 408, Docket 96-7450.

105 F.3d 65 (1997)

Alexander KOSTOK, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Joyce A. THOMAS, Commissioner, Connecticut Department of Social Services, in her Official Capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 1997.

Attorney(s) appearing for the Case

Catherine E. Cushman, Hartford, CT (Office of Protection and Advocacy for Persons with Disabilities), for Plaintiff-Appellant.

Hugh Barber, Assistant Attorney General, Hartford, CT (Richard Blumenthal, Attorney General), for Defendant-Appellee.

Before WALKER, McLAUGHLIN and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

Plaintiff-Appellant Alexander Kostok is a resident in a nursing home in Connecticut and is entitled to state Medicaid benefits. The United States District Court for the District of Connecticut (Covello, J.) dismissed his claim for injunctive relief to compel the State of Connecticut to furnish him a new wheelchair that is customized to his physical needs and motorized for locomotion and adjustment. After oral argument on the appeal from...

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