Julia ROSADO, Lydia Hernandez, Majorie Miley, Sophia Abrom, Ruby Gathers, Louise Lowman, Eula Mae King, Cathryn Folk, Annie Lou Phillips, and Majorie Duffy, individually, on behalf of their minor children, and on behalf of all other persons similarly situated, Plaintiffs,
v.
George K. WYMAN, individually and in his capacity as Commissioner of Social Services for the State of New York, and the Department of Social Services for the State of New York, Defendants.
United States District Court E. D. New York.https://leagle.com/images/logo.png
May 12, 1969.
May 12, 1969.
Attorney(s) appearing for the Case
Lee A. Albert, Henry A. Freedman, Sylvia Ann Law, Nancy Duff Levy, Robert P. Borsody, New York City, Center on Social Welfare Policy and Law.
Carl Rachlin, James Spitzer, David Draschler, Gen. Counsel, New York City, National Welfare Rights Organization, Scholarship, Education and Defense Fund, Inc.
Martin Garbus, New York City, Roger Baldwin Foundation of American Civil Liberties Union, Ronald Bevil, Bruce Ferguson, Jonathan Marsh, of counsel.
Burt Neuborne, New York City, New York Civil Liberties Union, Louis J. Lefkowitz, Atty. Gen., of New York, New York City, for defendants, Philip Weinberg, Amy Juviler, New York City, of counsel.
J. Lee Rankin, Corp. Counsel of City of New York, New York City, amicus curiae, Robert E. Hugh, Phyllis Roberts, New York City, of counsel.
Morris H. Schneider, County Atty. of Nassau County, Mineola, N. Y., amicus curiae, A. Thomas Levin, Mineola, N. Y., of counsel.
Vincent T. McCarthy, U. S. Atty., for Eastern District of New York, Brooklyn, N. Y., amicus curiae, for Department of Health, Education and Welfare, Harold Stevens, New York City, of counsel.
David Gilman, Gen. Counsel, New York City, City-Wide Coordinating Committee of Welfare Groups, MFY Legal Services Inc.
Cesar Perales, Williamsburg Legal Services, Brooklyn, N. Y., for Julia Rosado.
Virginia Schuler, Brooklyn, N. Y., Brownsville Legal Services, for Cathryn Folk and Eula Mae King.
Edward V. Sparer, Yale Law School, New Haven, Conn., Harold J. Rothwax, David A. Diamond, Marianne J. Rosenfield, Eric Hirschhorn, New York City, MFY Legal Services Inc., Mort P. Cohen, South Brooklyn Legal Services, Brooklyn, N. Y., for Lydia Hernandez.
Morton Friedman, St. Albans, N. Y., for Annie Lou Phillips and Majorie Duffy.
Philip Sokol, New York City, of counsel, for Federation of Jewish Philanthropies of New York.
Dorothy J. Coyle, New York City, of counsel, for Catholic Charities of the Archdiocese of New York.
Mildred A. Shanley, Brooklyn, of counsel, for Catholic Charities of the Archdiocese of Brooklyn.
Louis Agin, New York City, of counsel, for Federation of Protestant Welfare Agencies.
Before MOORE, Circuit Judge, MISHLER and WEINSTEIN, District Judges.
United States District Court E. D. New York.
MEMORANDUM AND ORDER
PER CURIAM.
A three-judge court was properly convened in this case when plaintiffs challenged the constitutionality of section 131-a of the New York Social Services Law, McKinney's Consol.Laws, c. 55. Chapter 184 of the Laws of 1969, adopted March 31, 1969, effective July 1, 1969. It is contended by plaintiffs that the provision constitutes an irrational and invidious discrimination against residents of Nassau County because the schedules...
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