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HURLEY v. VAN LARE

Nos. 72 Civ. 3423, 73 Civ. 699.

380 F.Supp. 167 (1974)

Rose HURLEY, Individually and on behalf of her minor children, Doreen Hurley, et al., Plaintiffs, 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. Annie TAYLOR, Individually and on Behalf of her minor, dependent child, Margaret Taylor, Charlotte Otey, Individually and on Behalf of her minor, dependent child, Kevin Otey, and on behalf of all other persons similarly situated, Plaintiffs, v. Abe LAVINE, Individually, and in his capacity as Commissioner of the New York State Department of Social Services, and James M. Shuart, Individually, and in his capacity as Commissioner of the Nassau County Department of Social Services, Defendants.

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

August 5, 1974.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County, White Plains, N. Y., for plaintiffs Hurley; Martin A. Schwartz, Lawrence S. Kahn, White Plains, N. Y., of counsel.

Nassau County Law Services Committee, Inc., Hempstead, N. Y., for plaintiffs Taylor and Otey; Leonard S. Clark, Hempstead, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., Constance B. Margolin, Judith Gordon, Asst. Attys. Gen., of counsel.

Before HAYS, Circuit Judge, and BAUMAN, and WEINSTEIN, District Judges.

WEINSTEIN, District Judge.

Plaintiffs complain on behalf of a class of some 10,000 that the New York State regulations automatically reducing aid to families with dependent children (AFDC) (42 U.S.C. §§ 601-644) if the recipient houses a noncontributing "lodger" are unlawful both on constitutional and statutory grounds. Separate civil rights actions were brought in the Southern and Eastern Districts of New York. 42 U.S.C. § 1983; 28 U.S.C. § 1343...

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