ALMENARES v. WYMAN

No. 383, Docket 71-2038.

453 F.2d 1075 (1971)

Maria ALMENARES et al., Plaintiffs-Appellees, v. George K. WYMAN, Commissioner of Social Services for the State of New York, individually and in his official capacity, and Jule Sugarman, Commissioner of Social Services for the City of New York, individually, in his official capacity, and on behalf of all other local commissioners of social services in the State of New York, individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 10, 1971.

Certiorari Denied February 22, 1972.


Attorney(s) appearing for the Case

Henry A. Freedman, New York City (Steven J. Cole, Center on Social Welfare Policy and Law, Lorenzo Casanova and Gerald McIntyre, Bronx Legal Services Corp. B, New York City, of counsel), for plaintiffs-appellees.

Emilio P. Gautier, New York City, Louis B. York, Manhattan Legal Services Corp., John C. Gray, Jr. and Robert J. Jaffe, Brooklyn, N. Y., Brooklyn Legal Services Corp. B, of counsel), for intervenors.

Stephen P. Seligman, Asst. Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen., State of N. Y., of counsel), for defendant-appellant Wyman.

Yvette G. Harmon, New York City (J. Lee Rankin, Corp. Counsel, City of New York, of counsel), for defendant-appellant Sugarman.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Associate Judge.


Certiorari Denied February 22, 1972. See 92 S.Ct. 962.

FRIENDLY, Chief Judge:

I.

This case begins where Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970), ends. The Court there held that local social service agencies must provide welfare recipients an opportunity for a hearing affording basic due process rights before terminating benefits. Plaintiffs here allege that the hearing procedures actually...

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