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AITCHISON v. BERGER

No. 75 Civ. 1224.

404 F.Supp. 1137 (1975)

Marion AITCHISON, individually and on behalf of Michael Aitchison and Janice Aitchison, her children, and on behalf of all other persons similarly situated, Plaintiffs, v. Stephen BERGER, individually and as Commissioner of the Department of Social Services of the State of New York and Noah Weinberg, individually and as Commissioner of the Department of Social Services of Rockland County, New York, Defendants.

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

November 12, 1975.

Attorney(s) appearing for the Case

Rene H. Reixach, Greater Up-State Law Project Monroe County Legal Assistance Corp., Rochester, N.Y., Douglas J. Good, Alton L. Abramowitz, Rockland County Legal Aid Society, New City, N. Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., New York City, for State defendants; Judith A. Gordon, New York City, of counsel.

Diana W. Rivet, John B. Franklin, New City, N.Y., for defendant Noah Weinberg.

FRANKEL, District Judge.

Ten years ago, Congress enacted Title XIX of the Social Security Act, 42 U.S. C. §§ 1396-1396g, the so-called "Medicaid" legislation. Medicaid is a cooperative federal-state medical assistance program operated under state direction, subject to extensive federal statutory and regulatory guidelines. States are not required to participate in Medicaid, nor, if they do participate, to extend benefits to any persons other than those receiving...

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