CANCEL v. WYMAN

No. 615, Docket 35487.

441 F.2d 553 (1971)

Delia CANCEL, on behalf of herself and infant children, Luis Cordero, Gloria Cordero, Brunilda Cordero, Chester John Cordero, Ana Delia Cordero, and Jesus Santana, Plaintiffs-Appellants, 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-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 16, 1971.


Attorney(s) appearing for the Case

John C. Gray, Jr., New York City (John DeWitt Gregory, Jonathan A. Weiss, Marttie L. Thompson, John Falk, Lawrence J. Fox, George Rodenhausen, New York City, on the brief), for appellants.

A. Seth Greenwald, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee Wyman.

Mary P. Bass, New York City (J. Lee Rankin, Corporation Counsel, New York City, Stanley Buchsbaum, Jay A. Kranis, New York City, on the brief), for appellee Goldberg.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.


HAYS, Circuit Judge:

This is an appeal from so much of an order of the United States District Court for the Southern District of New York, 321 F.Supp. 528, as denied the appellants' motion to convene a three-judge court under 28 U.S.C. §§ 2281, 2284 (1964), to determine the constitutionality of 18 N.Y.C.R.R. § 352.31(a) (2) (1970) (formerly 18 N.Y.C.R.R. § 353.3 (2) (1) (i)), a regulation promulgated by the...

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