SANCHEZ v. WYMAN

No. 70 Civ. 2129.

318 F.Supp. 827 (1970)

Carmen SANCHEZ, on behalf of herself and her infant children, Edwin, Daisy, Barry and Steven Sanchez, and Angel Correa, on behalf of himself, his wife Domiga Correa and his grandson, Freddy Correa, and on behalf of all others similarly situated, Plaintiffs, and Arthur Thomas, Intervenor-Plaintiff, v. George K. WYMAN, individually and as Commissioner of the Department of Social Services of the State of New York and Jack R. Goldberg, individually and as Commissioner of the Department of Social Services of the City of New York, Defendants.

United States District Court, S. D. New York.

November 10, 1970.


Attorney(s) appearing for the Case

John DeWitt Gregory, Community Action for Legal Services, Inc., New York City, for plaintiffs, by Lawrence J. Fox and John C. Gray, Jr., New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of N. Y., New York City, for defendant Wyman, by Robert S. Hammer, Asst. Atty. Gen., of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Goldberg, by Victor P. Muskin, Asst. Corp. Counsel, of counsel.

Before HAYS, Circuit Judge, and MOTLEY and POLLACK, District Judges.


OPINION

POLLACK, District Judge.

The issues before the Court present a classic case for abstention. The two challenged regulations are susceptible "of a construction by the state courts that would avoid or modify the constitutional question", Zwickler v. Koota, 389 U.S. 241, 249, 88 S.Ct. 391, 396, 19 L.Ed.2d 444 (1967). "[T]he state law problems are delicate ones, the resolution of which is not without substantial difficulty...

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