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BECKER v. BLUM

No. 77 Civ. 2561.

464 F.Supp. 152 (1978)

Itha David BECKER, Hannah M. Kneafsey, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, and Muriel O'Connor, as Commissioner of the Sullivan County Department of Social Services, Defendants.

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

December 28, 1978.

Attorney(s) appearing for the Case

David L. Posner, Mid-Hudson Legal Services, Inc., Monticello, N. Y., for plaintiffs.

Emanuel M. Kay, Asst. Atty. Gen., State of New York, New York City, for defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

In this action plaintiffs Itha David Becker and Hannah M. Kneafsey, Medicaid beneficiaries, on behalf of themselves and all persons similarly situated, have challenged the enactment and implementation of New York Social Services Law § 367-a(6) ("Section 367-a(6)"). This court has jurisdiction pursuant to 28 U.S.C. § 1343(3) and principles of pendent jurisdiction.

The attack...

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