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BLAIR v. NOVELLO

06/15486.

2008 NY Slip Op 28547

HOLLY BLAIR, JOHN BLAIR, KATHLEEN KRUMBEIN, BRADLEY KRUMBEIN, DARLENE TAYLOR, DONALD TAYLOR, 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 of the State of New York, Monroe County.

Decided December 12, 2008.

Attorney(s) appearing for the Case

EMPIRE JUSTICE CENTER, TRILBY DEJUNG, Esq., of Counsel, Rochester, NY, Attorneys for Plaintiffs

STATE OF NEW YORK, OFFICE OF THE ATTORNEY GENERAL, J. RICHARD BENITEZ, Assistant Attorney General, of Counsel, Rochester, NY, Attorneys for Defendant.

WILLIAM P. POLITO, J.

The issue raised is whether the State's interpretation and application of New York's Social Services Law (SSL) Sec. 366(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 SSL Sections 207 and 209(2), improperly violates the uniform standard mandated by Social Services Law Sec.207 and 209(2).

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