JEFFERIES v. SUGARMAN

No. 71 Civ. 2060.

345 F.Supp. 172 (1972)

Fannie JEFFERIES, individually and on behalf of all other persons similarly situated, Plaintiff, v. Jule SUGARMAN, as Commissioner of the Department of Social Services of the City of New York, and George K. Wyman, as Commissioner of the Department of Social Services of the State of New York, Defendants.

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

Decided June 30, 1972.


Attorney(s) appearing for the Case

Toby Golick, New York City (Reginald S. Matthews, Jamaica, N. Y., Jonathan Weiss, New York City, Center on Social Welfare Policy and Law, of counsel), for plaintiff Jefferies.

John T. Hand, White Plains, N. Y. (Mark Chertok, Martin A. Schwartz, Jerald Slate, White Plains, N. Y., Legal Aid Society of Westchester County, of counsel), for intervenor-plaintiffs Maxine Handel, Pearl Woods, and Alice Woods.

Ronald D'Angelo, Brooklyn, N. Y. (William L. Reese, Jr., Bedford-Stuyvesant Community Legal Services Corp., of counsel), for applicant for intervention Patricia Carson.

Elliot P. Hoffman, New York City (J. Lee Rankin, Corp. Counsel, New York City, of counsel), for defendant Sugarman.

Stephen P. Seligman, Asst. Atty. Gen., of the State of New York (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendant Wyman.

F. Sherwood Alexander, White Plains, N. Y., of counsel to John J. S. Mead, County Atty., for defendant Louis P. Kurtis, Commissioner of the Department of Social Services of Westchester County.

Before HAYS, Circuit Judge, and TYLER and TENNEY, District Judges.


HAYS, Circuit Judge:

In this class action Mrs. Jefferies1 challenges the validity of New York Social Services Law § 131(4) (McKinney's Consol.Laws, c. 55, Supp.19712 and regulations adopted pursuant thereto, 18 N.Y.C.R.R. §§ 385.1, 385.7.3 Mrs. Jefferies claims that the application of these provisions allows mothers who...

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