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CORDOVA v. REED

No. 1063, Docket 75-7120.

521 F.2d 621 (1975)

Jose CORDOVA and Amelia Cordova, Individually and as next friend of Hector Torres, a minor, and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. James REED, as Commissioner of the Department of Social Services of the County of Monroe, and on behalf of all other commissioners of local departments of social services in the State of New York, and Abe Lavine, as Commissioner of the Department of Social Services of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 7, 1975.

Attorney(s) appearing for the Case

Rene H. Reixach, Jr., Greater Up-State Law Project, Monroe County Legal Assistance Corp., Rochester, N. Y. (Daan Braveman, Rochester, N. Y., on the brief), for plaintiffs-appellants.

David L. Birch, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendant-appellee, State Commissioner Lavine.

Before LUMBARD, GIBBONS, and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

Appellants Jose Cordova and Amelia Cordova filed suit on their own behalf and as next friend of Hector Torres, a minor, in the District Court for the Western District of New York under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) challenging the validity of Section 382, subd. 1 of the New York Social Services Law, a statute of statewide application, set forth herein. They sought an injunction against enforcement of the statute and a declaratory...

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