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HOLLEY v. LAVINE

No. 731, Docket 76-7588.

553 F.2d 845 (1977)

Gayle McQuoid HOLLEY, Individually and on behalf of James McQuoid, et al., Plaintiffs-Appellants, v. Abe LAVINE, as Commissioner of the New York State Department of Social Services, and James Reed, as Commissioner of the Monroe County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 27, 1977.

Attorney(s) appearing for the Case

K. Wade Eaton, Rochester, N. Y. Greater Up-State Law Project, for appellants.

Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., Albany, N. Y., for appellee State Commissioner of Social Services, Albany, New York.

Jean M. Coon, Asst. Sol. Gen., Alan W. Rubenstein, Principal Atty., Albany, N. Y., for Lavine.

Charles G. Finch, Chief Counsel, Charles G. Porreca, of counsel, Monroe County Department of Social Services, Rochester, N. Y., for Reed.

Before OAKES, Circuit Judge, HOLDEN, District Judge, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge:

This is an appeal from a judgment entered by Judge Harold P. Burke in the United States District Court for the Western District of New York. Plaintiff is an alien unlawfully residing in the United States but covered by an official communication from the Immigration and Naturalization Service stating that it "does not contemplate enforcing her departure from the United States at this time." Defendants administer New York Social Services...

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