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FREDA v. LAVINE

No. 180, Docket 73-2010.

494 F.2d 107 (1974)

Joanne FREDA, on behalf of herself and her infant children Steven White, et al., Plaintiff-Appellee, v. Abe LAVINE, Individually and as Commissioner of the Department of Social Services of the State of New York, Defendant-Appellant, Jule M. Sugarman, Individually and as Commissioner of the Department of Social Services of the City of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided March 29, 1974.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn, N. Y. (Douglas J. Kramer and Brooklyn Legal Services, Brooklyn, N. Y., on the brief), for plaintiff-appellee.

David R. Spiegel, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of N. Y. and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for defendant-appellant.

Before MOORE, HAYS and TIMBERS, Circuit Judges.

HAYS, Circuit Judge:

In February, 1972 plaintiff applied on behalf of her three children for benefits under the program for providing Aid to Families with Dependent Children (AFDC). Pursuant to a New York regulation, 18 N.Y.C.R.R. § 352.31(a) (2),1 defendant included in its computations of the children's needs a credit consisting of all the income of Freda, the children's stepfather, without inquiring whether that income was actually...

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