NUCKEL v. WYMAN


61 Misc.2d 26 (1969)

Rose Nuckel, on Behalf of Herself and as Guardian of Kathleen Nuckel and Others, Infants, Plaintiff, v. George K. Wyman, as Commissioner of the New York State Department of Social Services, et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 8, 1969


Attorney(s) appearing for the Case

Elihu Kasten for plaintiff. Louis J. Lefkowitz, Attorney-General (Robert S. Hammer of counsel), for George K. Wyman, defendant. Morris H. Schneider, County Attorney (Morton M. Meltzer of counsel), for Joseph S. Barbaro, defendant.


DANIEL G. ALBERT, J.

In an action brought to obtain a judgment declaring the recently enacted section 139-a of the Social Services Law unconstitutional and enjoining the defendants from implementing it, the plaintiffs seek a temporary injunction restraining the defendants from enforcing the statute in issue during the pendency of this action.

The challenged statute (L. 1969, ch. 184, § 8), which took effect on May 1, 1969, provides insofar...

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