Wednesday, November 13, 2013

Aliessa v. Novello case brief

Aliessa v. Novello case brief summary
96 N.Y.2d 418 (2001)

CASE SYNOPSIS
Plaintiff legal aliens sought review of a decision of the Supreme Court Appellate Division, New York, that held that N.Y. Soc. Serv. Law § 122 did not violate equal protection or N.Y. Constitutional Article XVII, § 1.

CASE FACTS
A group of legal aliens permanently residing in the United States under color of law (PRUCOLs) were denied Medicaid benefits by the state under N.Y. Soc. Serv. Law § 122. On appeal, they argued that § 122 violated the United States and New York Constitutions by denying them Medicaid benefits funded solely by the state based on their status as legal aliens.

DISCUSSION

  • Upon review, the court of appeals concluded that § 122 did violate the Equal Protection Clauses of both the New York and United States Constitutions Section 122 was subject to and could not pass strict scrutiny because it denied state Medicaid to otherwise eligible legal aliens permanently residing in the United States under the color of law and lawfully admitted permanent residents based on their status as aliens.
CONCLUSION
The order of the superior court appellate division was reversed and remanded.

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