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SNELL v. WYMAN

No. 67 Civ. 2676.

281 F.Supp. 853 (1968)

Geraldine SNELL, Miriam Ramos and Juan Malave, Individually and on Behalf of their minor children, and on Behalf of all other Parents of needy, dependent children, and Robert Whaley, Individually and on Behalf of all Others Similarly Situated, Plaintiffs, v. George K. WYMAN, as Commissioner, New York State Department of Social Welfare, Mitchell Ginsberg, as Commissioner New York City Department of Welfare, Edna Lisle, as Director and Clara K. Linet as Supervisor, Fort Green Center, New York City Department of Welfare, Defendants.

United States District Court S. D. New York.

February 29, 1968.

Attorney(s) appearing for the Case

Martin Garbus, James J. Graham, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, for defendant Wyman; Maria L. Marcus, Asst. Atty. Gen. of counsel.

J. Lee Rankin, Corp. Counsel, City of New York for defendant Ginsberg.

Before KAUFMAN, Circuit Judge, and METZNER and FRANKEL, District Judges.

OPINION

FRANKEL, District Judge.

The welfare laws and administrative regulations of New York State contain provisions, more particularly described below, which impose upon welfare recipients an obligation to repay the cost of assistance benefits out of specified kinds of assets. The plaintiffs, who have received and are receiving various forms of welfare payments, brought this suit for declaratory and injunctive relief, urging that such provisions are invalid...

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