SHIRLEY v. LAVINE

No. 72-CV-163.

365 F.Supp. 818 (1973)

Sylvia SHIRLEY, Individually and on behalf of her minor children, Tammy Lynn, and Lisa Marie, and on behalf of all others similarly situated, et al., Plaintiffs, v. Abe LAVINE, Commissioner of the Department of Social Services of the State of New York, et al., Defendants.

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

September 26, 1973.


Attorney(s) appearing for the Case

Onondaga Neighborhood Legal Services, Syracuse, N. Y., for plaintiffs; Douglas A. Eldridge, Syracuse, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., Albany, N. Y., for defendant Abe Lavine, Ruth Kessler Toch, Sol. Gen., Alan W. Rubenstein, Principal Atty., Albany, N. Y., of counsel.

John B. LaParo, Welfare Atty., Onondaga County Dept. of Social Services, Syracuse, N. Y., for defendant Lascaris, James H. Hughes, Asst. Welfare Atty., Syracuse, N. Y., of counsel.

Before MANSFIELD, Circuit Judge, and FOLEY and PORT, District Judges.


PORT, District Judge.

Memorandum-Decision and Order

The Supreme Court vacated a judgment of this court1 which declared 18 NYCRR § 369.2(f) (3) (ii) (e)2 invalid as establishing AFDC eligibility requirements in conflict with provisions of the Social Security Act, and remanded the case to this court for further consideration in light of Chapter 687...

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