MATTER OF ALIESSA v. NOVELLO


96 N.Y.2d 418 (2001)

754 N.E.2d 1085

730 N.Y.S.2d 1

In the Matter of MOHAMED ALIESSA, by His Guardian ad Litem, SUMAYA AL FAYAD, et al., Appellants, v. ANTONIA NOVELLO, as Commissioner of the New York State Department of Health, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 2001.


Attorney(s) appearing for the Case

Greater Upstate Law Project, Inc., Rochester (Ellen M. Yacknin of counsel), Legal Aid Society, New York City (Helaine Barnett, Steven Banks, Janet Sabel, Scott Rosenberg and Elisabeth R. Benjamin of counsel), and New York Legal Assistance Group (Yisroel Schulman, Constance P. Carden and Andrea Spratt of counsel), for appellants.

Eliot Spitzer, Attorney General, New York City (Deon J. Nossel, Preeta D. Bansal, Michael S. Belohlavek and Mark Gimpel of counsel), for respondent.

Mara K. Youdelman, Washington D.C., for National Health Law Program, Inc., and others, amici curiae.

Kalkines, Arky, Zall & Bernstein, L. L. P., New York City (Deborah Bachrach, Stephen A. Warnke, Karen Lipson and Clarke Bruno of counsel), for Coalition of Voluntary Safety Net Hospitals and others, amici curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.


OPINION OF THE COURT

ROSENBLATT, J.

On this appeal, we must decide whether Social Services Law § 122 violates the United States and New York Constitutions by denying State Medicaid benefits to plaintiffs based on their status as legal aliens. We conclude that it does.

I.

Plaintiffs are 12 aliens who lawfully reside in New York State. They immigrated to the United States from various countries...

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