ROSADO v. WYMAN

Nos. 353, 426, Dockets 35396, 35548.

437 F.2d 619 (1970)

Julia ROSADO, Lydia Hernandez, Majorie Miley, Sophia Abrom, Ruby Gathers, Louise Lowman, Eula Mae King, Cathryn Folk, Annie Lou Phillips, and Marjorie Duffy, individually, on behalf of all minor children, and on behalf of all others persons similarly situated, Plaintiffs-Appellees, 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-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 21, 1970.


Attorney(s) appearing for the Case

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Michael Colodner, Asst. Atty. Gen., on the brief), for defendants-appellants.

Steven J. Cole, New York City (Nancy Duff Levy, Center on Social Welfare Policy and Law, New York City, Henry A. Freedman, Washington, D. C., Carl Rachlin, New York City, Lee A. Albert, New Haven, Conn., on the brief), for plaintiffs-appellees.

Edward R. Neaher, U. S. Atty., E.D. N.Y., Cyril R. Hyman, Asst. U. S. Atty., Wilmot R. Hastings, Gen. Counsel, Joel Cohen, Asst. Gen. Counsel, Esther G. Schiff, Regional Atty., Adele M. Blong, Deputy Regional Atty., New York City, HEW, for the United States as amicus curiae.

Before LUMBARD, Chief Judge, HAYS and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

This case comes to us for the second time upon the complaint of plaintiffs, who are welfare recipients, that the New York State welfare program does not comply with the requirements of section 402(a) (23) of the Social Security Act, 42 U.S.C. § 602(a)(23)(1969). The history of the extensive prior proceedings is fully set forth in the earlier opinions of this panel, 414 F.2d 170...

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