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TERMINI v. CALIFANO

Civ-78-20.

464 F.Supp. 797 (1979)

Samuel TERMINI, Plaintiff, v. Joseph A. CALIFANO, Jr., as Secretary of Department of Health, Education and Welfare, and Barbara Blum, as Acting Commissioner of the New York State Department of Social Services, Defendants.

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

February 7, 1979.

Attorney(s) appearing for the Case

Monroe County Legal Assistance Corp., Southern Tier Legal Services (Mark H. Wattenberg, Olean, N. Y., of counsel), Olean, N. Y., for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (Edward J. Wagner, Asst. U. S. Atty., Buffalo, N. Y., Borge Varmer, Regional Atty., and Marjorie A. Silver, Asst. Regional Atty., Dept. of Health, Education, and Welfare, New York City, of counsel), for defendant Califano.

Robert Abrams, Atty. Gen. of N. Y., Albany, N. Y. (Peter J. Todoro, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for defendant Blum.

CURTIN, Chief Judge.

In this case, the plaintiff challenges the decision of the Social Security Administration [SSA] to terminate his Supplemental Security Income [SSI] benefits, arguing that the category of SSI recipients "living with others" does not meet certain regulatory and constitutional standards applicable to SSI. Both the plaintiff and the defendants have moved for summary judgment. For the reasons stated below, summary judgment is granted to the plaintiff...

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