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HURLEY v. VAN LARE

No. 72 Civ. 3423.

365 F.Supp. 186 (1973)

Rose HURLEY, Individually and on behalf of her minor dependent children, Doreen Hurley, et al., Paintiffs, v. Barry VAN LARE, Individually and in his capacity as Acting Commissioner of the Department of Social Services of the State of New York, et al., Defendants.

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

October 3, 1973.

Attorney(s) appearing for the Case

Legal Aid Society of Westchester County (Martin A. Schwartz, Jerold S. Slate, Lawrence S. Kahn, White Plains, N. Y., of counsel), for plaintiffs and intervenor D'Alessio.

Legal Aid Bureau of Buffalo, Inc. (Michael A. O'Connor, Buffalo, N. Y., Margaret B. Dadd, Attica, N. Y., of counsel), for intervenor Clark.

Louis J. Lefkowitz, Atty. Gen., of N. Y. (Judith A. Gordon, New York City, Gene B. Mechanic, Brooklyn, N. Y., of counsel), for defendants Van Lare and Lavine.

John J. S. Mead, Co. Atty., Westchester County (Richard W. McAtamney, White Plains, N. Y., of counsel), for defendant Kurtis.

OPINION

BAUMAN, District Judge.

Before the court is yet another action challenging the manner in which the State of New York allocates its welfare funds. Plaintiff and her three minor children received public assistance pursuant to the Aid to Families with Dependent Children (AFDC) program. The action is brought on their behalf, and on behalf of all others similarly situated, to enjoin the enforcement of 18 N. Y.C.R.R. § 352.31(a)(3)(iv)

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