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ROBBINS EX REL. ROBBINS v. DEBUONO

Docket No. 99-7663.

218 F.3d 197 (2000)

Nova H. ROBBINS, on her own behalf and as Attorney-in-fact for Robert H. ROBBINS, Plaintiffs-Appellants, v. Barbara A. DeBUONO, as Commissioner of the New York State Department of Health, Richard F. Schauseil, as Director of the Monroe County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 30, 2000.

Attorney(s) appearing for the Case

RenÉ H. Reixach, Woods, Oviatt, Gilman, Sturman & Clarke, LLP, Rochester, New York, for Plaintiffs-Appellants.

Victor Paladino, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Peter G. Crary of Counsel, and Peter H. Schiff, Deputy Solicitor General, on the brief), for Defendants-Appellees.

Before: OAKES, STRAUB, and POOLER, Circuit Judges.

POOLER, Circuit Judge:

In March 1997, after suffering a stroke, plaintiff Robert H. Robbins went to live in a nursing home. Slightly less than one year later, his wife and attorney-in-fact, Nova H. Robbins, applied to the Monroe County Department of Social Services ("DSS") for Medicaid coverage for Robert. Nova's monthly income at that time was far below the amount federal and state law allows the "community spouse" of an institutionalized Medicaid recipient to retain...

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