LEVY v. TOIA

No. 76 Civ. 1905 (CMM).

434 F.Supp. 1081 (1977)

Susan LEVY, on behalf of herself and all other persons similarly situated, Plaintiff, v. Philip L. TOIA, as Commissioner of the New York State Department of Social Services, John Harwick, as Director of the Food Stamp Program in New York State, Robert B. Travis, as Commissioner of the Sullivan County Department of Social Services, and Earl Butz, as Secretary of the United States Department of Agriculture, Defendants.

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

July 19, 1977.


Attorney(s) appearing for the Case

Mid-Hudson Valley Legal Services Project (Monroe County Legal Assistance Corp.), Monticello, N.Y., for plaintiff; Joan E. Schmukler, Middletown, N.Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendants Philip L. Toia and John Harwick; Judith A. Gordon, Asst. Atty. Gen., New York City, of counsel.

William C. Rosen, Sullivan County Atty., Monticello, N.Y., for defendant Robert B. Travis.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant Earl Butz; Eileen M. Fitzgerald, Asst. U. S. Atty., George L. Aubrey, Office of the Gen. Counsel, U. S. Dept. of Agriculture, of counsel.


METZNER, District Judge:

Plaintiff, a recipient of Aid to Families with Dependent Children (AFDC) and Food Stamps, brings this action challenging the manner in which the New York State Department of Social Services (Agency) determined her food stamp budget after her AFDC grant was reduced to reflect the receipt in 1975 of an income tax refund.

Under the program administered by the Secretary of Agriculture and cooperating state agencies pursuant to the Food...

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