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RUSH v. SMITH

No. 77 Civ. 4144.

437 F.Supp. 576 (1977)

Barbara RUSH, Individually and on behalf of her minor child Roberto Boyce, and on behalf of all others similarly situated, Plaintiffs, v. J. Henry SMITH, Individually and as Commissioner of the New York City Department of Social Services, and Carmen Shang, Individually and as Acting Commissioner of the New York State Department of Social Services, Defendants.

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

September 12, 1977.

Attorney(s) appearing for the Case

John E. Kirklin, Director of Litigation, Constance P. Carden, The Legal Aid Society, Civil Appeals and Law Reform Unit, New York City, for plaintiffs; Joan Mangones, David Goldfarb, Marshall Green, The Legal Aid Society, Staten Island Neighborhood Office, Staten Island, N. Y., of counsel.

W. Bernard Richland, Corp. Counsel of the City of New York, New York City, for defendants; Edward J. Schwarz, New York City, of counsel.

MEMORANDUM

STEWART, District Judge:

Plaintiff, a recipient of public assistance benefits under the Aid to Dependent Children Program ("AFDC"), of the Social Security Act, 42 U.S.C. § 601 et seq. ("SSA"), brought this action pursuant to 42 U.S.C. § 1983 for declaratory and injunctive relief. Plaintiff is challenging the validity of New York City Income Maintenance Procedure 78-76 which authorizes the termination of public assistance benefits...

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