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WOJCHOWSKI v. DAINES

Docket No. 06-3373-cv.

498 F.3d 99 (2007)

Michael WOJCHOWSKI, Sr., by his attorney-in-fact, Lucy Wojchowski, and Lucy Wojchowski, Plaintiffs-Appellants, v. Richard F. DAINES, Commissioner, New York State Department of Health, and Kelly A. Reed, Commissioner, Monroe County Department of Human and Health Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2007.

Attorney(s) appearing for the Case

René H. Reixach, Woods Oviatt Gilman LLP, Rochester, NY, for Plaintiffs-Appellants.

Victor Paladino, Assistant Solicitor General (Eliot Spitzer, Attorney General, Daniel Smirlock, Deputy Solicitor General, on the brief), Office of the Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: CABRANES and RAGGI, Circuit Judges, and BERMAN, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

This appeal concerns the scope of the "antiattachment provision" of the Social Security Act (the "Act"), 42 U.S.C. § 407(a). See Wash. State Dep't of Soc. & Health Servs. v. Guardianship Estate of Keffeler, 537 U.S. 371, 379, 123 S.Ct. 1017, 154 L.Ed.2d 972 (2003) (describing § 407(a) as the Act's "antiattachment provision"). Section...

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