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MILNE v. BERMAN

No. 73 Civ. 5397.

384 F.Supp. 206 (1974)

Ronald MILNE, Individually and on behalf of all other persons similarly situated, Plaintiff, and Douglas Streeter et al., Intervenor-Plaintiffs, v. Leonard BERMAN, Individually and as Commissioner of the Westchester County Department of Social Services, and Abe Lavine, Individually and as Commissioner of the New York State Department of Social Services, Defendants, and George E. Boisvert, Individually and as Commissioner of the Ontario County Department of Social Services, Intervenor-Defendants.

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

November 11, 1974.

Attorney(s) appearing for the Case

Gerald A. Norlander, Mount Vernon, N. Y. (The Legal Aid Society of Westchester County, Mount Vernon, N. Y., Martin A. Schwartz, White Plains, Catherine E. Cronin, New Rochelle, and Hilary Sohmer, Yorkers, N. Y., Legal Aid Society of Westchester County, of counsel), for plaintiffs.

Gerald A. McIntyre, Corning, N. Y. (Monroe County Legal Assistance Corp., Flood Disaster Relief Project), for intervenor-plaintiffs.

Amy Juviler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., of counsel), for defendant Lavine.

Richard W. McAtamney, White Plains, N. Y. (Harry Lott, Westchester County Atty.), for defendant Berman.

Harrison S. Downs, Canandaigua, N. Y., for intervenor-defendant.

Before OAKES, Circuit Judge, and BONSAL and WYATT, District Judges.

OPINION

OAKES, Circuit Judge:

The named plaintiff and intervenor plaintiffs, welfare recipients, herein collectively "plaintiffs," seek on behalf of themselves and others similarly situated, declaratory relief, injunctive relief, and damages against the Commissioner of the New York State Department of Social Services and the Commissioner of the Westchester County Department of Social Services. Plaintiffs claim that a New York welfare statute, N.Y.Soc. Serv...

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