HIMES v. SULLIVAN

Civ. No. 91-6172L.

779 F.Supp. 258 (1991)

Craig HIMES, et al., Plaintiffs, v. Louis W. SULLIVAN, M.D., et al., Defendants.

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

September 4, 1991.


Attorney(s) appearing for the Case

Ellen M. Yacknin, Greater Upstate Law Project, Rochester, N.Y., David B. Pels, Southern Tier Legal Services, Bath, N.Y., for plaintiffs.

Brian M. McCarthy, Asst. U.S. Atty., U.S. Atty., Rochester, N.Y., for defendant Louis W. Sullivan, M.D.

Charles D. Steinman, Office of New York State Atty. Gen., Dept. of Law, Rochester, N.Y., for defendant Cesar Perales.

James A. Robinson, Rochester, N.Y., for defendant W. Burton Richardson.

Thomas S. Pera, Buffalo, N.Y., for defendant Karen Schimke.

Gary Lee Bennett, Wayne County Dept. of Social Services, Lyons, N.Y., for defendant Rita B. Otterbein.

H. Bartlett McGee, Jr., Warren County Dept. of Social Services, Lake George, N.Y., for defendant Joseph P. Menaldino.

Martha A. Rogers, County of Suffolk, Dept. of Law, Hauppauge, N.Y., for defendant Ruth A. Brandwein, Ph.D.


DECISION AND ORDER

LARIMER, District Judge.

Plaintiffs, suing on behalf of themselves and all similarly situated Medicaid applicants and recipients throughout New York State, ask this Court to enjoin the defendants from counting as "available income" court-ordered support payments and mandatory payroll deductions in determining Medicaid eligibility. This matter is before the Court on plaintiffs' motion for a preliminary injunction and for class certification...

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