Practice primarily in Health law, Trusts and Estates and
rights of the elderly and disabled.
PRIOR EMPLOYMENT:
Legal Aid Society, Brooklyn Office for the Aging
Attorney-in Charge
October 1982 - May 1989
An office funded both privately and under Title III B of the Older
Americans Act which provides free legal advice and representation for senior
citizens. Particular substantive experience in the areas of elder law critical
to our elderly population including benefits such as Medicaid, Medicare, Social
Security and Supplemental Security Income. A partial listing of cases follows.
The Legal Aid Society
Staff Attorney -
September 1977 - September 1982
Emphasis on housing, governmental benefits and the legal problems of
the elderly. Substantial law reform and federal class action litigation
experience.
TEACHING AND LECTURING
New School for Social Research:
Instructor
Course: ELDERLAW (Fall 1990 to Present)
Practicing Law Institute:
Lecturer for annual national program, "Representing the Elderly
Client" (New York, New York - 1988 to 1990)
Lecturer for annual national program, "Representing the
Non-Traditional Family" (New York, New York - 1994 to 1995)
Lecturer for annual national program, "Representing the Elderly
Client of Modest Means" (New York, New York - 1992 to 1995)
National Legal Aid and Defender Association:
Lecturer/Moderator "Housing Options for the Elderly" (Kansas City,
Missouri, November 1989)
PUBLICATIONS
"Planning for the Disabled and the Elderly - Representing the
Non-Traditional Family" Practicing Law Institute, Course Handbook
Series 1994, 1995 Editions (D-239/D4-5256/Dept. BAV4, 1995 Edition).
"A Brief Overview of OBRA-87 Nursing Homes - Representing the Elderly
Client of Modest Means" Practicing Law Institute, Course Handbook
Series 1993, 1994, 1995 Editions (D4-235/Number D4-5254-1994 Edition).
"Housing Issues for the Elderly - Representing the Elderly Client."
Practicing Law Institute, Course Handbook Series 1988, 1989, 1990
Editions (D4-525/Number 196-1990 Edition).
Introduction to Housing. Entitlement and Advocacy Training
Pamphlet Series. Institute on Law and Rights of Older Adults, Brookdale Center
of Hunter College 1986, Revised 1987.
Report on the Availability of Matrimonial Representation for the
Poor and the Feasibility of Mandatory Pro Bono Representation in Matrimonial
Matters in New York City, The Committee on Legal Assistance of the
Association of The Bar of the City of New York, March 1989, Vol. 44 #2, Page
159-176.
EDUCATION:
New York Law School
J.D., June 1977
New York Law School Board of Trustees Commendation 1975-76.
Hofstra University
B.A., History, January 1974
Dean's List.
PROFESSIONAL ASSOCIATIONS:
New York State Bar Association
Elderlaw Section
Special Committee on Aids and the Law
Association of the Bar of the City of New York
Committee on Legal Problems of the Aging (1984-87, 1995-96)
National Legal Aid and Defenders Association (1988-89)
Chair, Senior Section 1988-89
New York Long Term Care Ombudsprogram Advisory Committee (1980-87)
Staten Island Family Planning Board of Directors (1979-81)
Partial Listing of Cases Litigated:
Domroe v. Blum et al., 78 Civ. 1719 (S.D.N.Y.).
Class action challenging New York City Medicaid termination
procedures as being violative of federal statutory provisions and of the Due
Process Clause. Court approved settlement filed covering all relief requested
by plaintiffs.
Haggiag v. Blum et al., 80n Civ. 4872 (S.D.N.Y.).
Class action challenging New York City failure to provide food stamps
to 640 Staten Island Food Stamp recipients in August 1980. Class-wide
injunctive relief obtained ordering the immediate issuance of food stamps.
Individual plaintiff claims for damages dismissed by the District Court and
affirmed by the Court of Appeals for the Second Circuit.
Rivers et al. v. Califano, 523 F. Supp. 783 (S.D.N.Y. 1981).
Class action challenging the failure of State and City defendants to
timely remit retroactive Supplemental Security Income benefits to recipients.
The class was certified and a partial final judgment enjoining defendants'
practices was entered. Plaintiffs lost an appeal from the failure of a district
court to order notice to class members injured in the past.
Morris v. Krauskoff (Sup. Ct., N.Y. Cty, 1982).
Class action challenged the failure of City DSS to limit to 10% of
their grants recoupments of overpayments and advances to public assistance
recipients in New York City. The suit was favorably settled by consent
agreement with State-wide application.
Rosenberg v. Blum (U.S.D.C., S.D.N.Y., Sweet, D.J. 1983).
A consent judgment was entered favorably resolving on a classwide
basis plaintiffs' claims for equitable and retroactive relief in this class
action suit challenging the failure of the State and City Departments of Social
Services (a) to treat an AFDC and HR application as a Medicaid application and
to timely render a separate determination on the applicant's Medicaid
eligibility; and (b) to continue the Medicaid eligibility of a recipient who
has been determined no longer eligible for AFDC or HR benefits, until timely
and adequate notice and the opportunity for a prior fair hearing have been
provided.
Mancher et al. v. Sheepshead Nursing Home, New York State
Commissioner of Health et. al, (Class action Article 78, Sup. Ct., Kings
County 1984)
Successful challenge to imminent closing of skilled nursing facility
where a temporary restraining order obtained preventing transfer of 200
residents. Preliminary injunction entered removing operators charged with
substandard care and appointing a receiver to upgrade facility to state and
federal standards. Nursing home presently in compliance and residents will not
face involuntary transfer.
Strano v. Perales, (Sup.Ct., N.Y. Cty. 1985).
Class action suit challenged the failure of State and City DDS to
comply with the requirements of state statute that mostly elderly Medicaid
recipients be provided, where necessary, with continuous 24-hour home care. The
suit was settled by the agreed certification of the plaintiff class, State DSS'
repeal of an offending regulation, the provision of 24-hour home care where
indicated, and the requirement that past denials be reviewed and appropriate
relief be granted.
Dartmouth v. Caldwell, 81 A.D.2d 914 (2d Dept. 1981).
Supreme Court decision refusing to vacate judgment in mortgage
foreclosure action reversed on appeal. Kanalos v. Blum, 80 A.D.2d 917 (2d
Dept., 1981). Successful challenge to administrative hearing decision denying
emergency assistance to replace bedding destroyed by fire.
McCormack v. Geidel, N.Y.L.J. November 17. 1978.
(App. Term 2d Dep't) - Initiation of nonpayment of rent proceeding
for unpaid use and occupation held to vitiate prior holdover judgment and
recreate the tenancy.
Newbold v. HUD, N.Y.L.J., July, 1980.
(App. Term, 2d Dep't) - Decision in non-payment of rent proceeding
reversed on ground demand not established.
