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McMAHON v. NOVELLO

No. 91-CV-621C.

192 F.Supp.2d 54 (2001)

Kevin McMAHON and Anthony Conwall, on behalf of themselves and all others similarly situated, et al., Plaintiffs, v. Antonia NOVELLO, as Commissioner of the New York State Department of Social Services, et al., Defendants.

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

December 20, 2001.

Attorney(s) appearing for the Case

Heritage Centers, Buffalo, New York (Judith K. Munger, of Counsel), for Plaintiffs.

Eliot Spitzer, Attorney General of the State of New York (Kim S. Murphy, Assistant Attorney General, of Counsel), Buffalo, New York, New York State Department of Health, Division of Legal Affairs (Daniel J. Tarantino, Senior Attorney, of Counsel), Albany, New York, for State Defendants.

Kathleen M. Mehltretter, United States Attorney (Jane B. Wolfe, Assistant United States Attorney, of Counsel), Buffalo, New York, Social Security Administration, Region II (Stephen P. Conte, Assistant Regional Counsel, of Counsel), New York, New York, for Federal Defendants.

INTRODUCTION

CURTIN, District Judge.

This case was originally filed as a class action against the Commissioners of the New York State Department of Social Services (N.Y.SDSS) and the Erie County Department of Social Services (ECDSS) on September 23, 1991. Item 1. The plaintiff class consisted of members who were typically mentally retarded and living with older parents who were eligible for but lost Medicaid coverage. By way of their complaint, plaintiffs...

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