Legal Opinion

MATTER OF ALIESSA v. Novello

New York Court of Appeals

Decided June 5, 2001PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

On this appeal, we must decide whether Social Services Law § 122 violates the United States and New York Constitu tions by denying State Medicaid benefits to plaintiffs based on their status as legal aliens. We conclude that it does.

L

Plaintiffs are 12 aliens who lawfully reside in New York State. They immigrated to the United States from various countries, including Bangladesh, Belorussia, Ecuador, Greece, Guyana, Haiti, Italy, Malaysia, the Philippines, Syria and Turkey. As legal aliens, they fall into two groups. Some are lawfully admitted permanent…

2Cases cited36 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. Plyler v. DoeSupreme Court of the United States · 1982
  4. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  5. City of Boerne v. FloresSupreme Court of the United States · 1997

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3Cited by45 opinions

  1. Monica Navarro Pimentel v Susan DreyfusCourt of Appeals for the Ninth Circuit · 2012
  2. Soskin v. ReinertsonCourt of Appeals for the Tenth Circuit · 2004
  3. Bruns v. MayhewCourt of Appeals for the First Circuit · 2014
  4. Ehrlich v. PerezCourt of Appeals of Maryland · 2006
  5. Paynter v. State of NYNew York Court of Appeals · 2003

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