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BLAIR v. NOVELLO

No. 06/15486

24 Misc.3d 759 (2008)

HOLLY BLAIR et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. ANTONIA NOVELLO, as Commissioner of the New York State Department of Health, Defendant.

Supreme Court, Monroe County.

December 12, 2008.

Attorney(s) appearing for the Case

Empire Justice Center, Rochester (Trilby DeJung of counsel), for plaintiffs.

Andrew M. Cuomo, Attorney General, Rochester (J. Richard Benitez of counsel), for defendant.

OPINION OF THE COURT

WILLIAM P. POLITO, J.

The issue raised is whether the State's interpretation and application of Social Services Law § 366 (2) (a) (7) as amended in 2005, denying Medicaid to the three blind, elderly and/or disabled petitioning couples, unless and until they spend down to a lower standard of need than that stated in Social Services Law §§ 207 and 209 (2), violates the uniform...

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