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VIVERITO v. SMITH

Civ. A. No. 76 Civ. 4151.

421 F.Supp. 1305 (1976)

Marsha VIVERITO, Individually and on behalf of her minor children, Adam and Jason, and on behalf of all others similarly situated, Plaintiffs, and Margarita Franciscovitch, Individually and on behalf of her minor child Linda, William Banister, and Joanne Agoglia, Individually and on behalf of her minor children Desiree and Christopher, and on behalf of all others similarly situated, Plaintiff-Intervenors, v. J. Henry SMITH, Individually and as Commissioner of the New York City Department of Social Services, and Philip L. Toia, Individually and as Commissioner of the New York State Department of Social Services, Defendants.

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

October 26, 1976.

Attorney(s) appearing for the Case

Kalman Finkel, Attorney-in-Charge, The Legal Aid Society, Civ. Div., New York City, for plaintiffs; Joan Mangones, David Goldfarb and Marshall Green, The Legal Aid Society, Staten Island, N. Y., of counsel.

John E. Kirklin, Director of Litigation, Constance P. Carden, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City, for plaintiffs and plaintiff-intervenors.

W. Bernard Richland, Corp. Counsel, New York City, for defendant Smith; Steven C. DeCosta, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendant Toia; Mark C. Rutzick, Asst. Atty. Gen., New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

Plaintiffs are welfare recipients who challenge 18 N.Y.C.R.R. § 358.8(c)(1) insofar as it permits public assistance benefits to be reduced, terminated or suspended prior to a "fair hearing" decision, when the State Department of Social Services unilaterally determines that the change in aid is based solely on issues of state law or policy. They seek a preliminary injunction against application of this regulation to...

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