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DAVIS v. SMITH

No. 75 Civ. 5217 (CHT).

431 F.Supp. 1206 (1977)

Priscilla DAVIS, Individually and on behalf of her minor daughter Robyn Gray, and on behalf of all others similarly situated, Plaintiffs, and Rosie Vaszuez, Gail Warren and Geneva Warren, Plaintiffs-Intervenors, v. J. Henry SMITH, Individually and as Commissioner of the New York City Department of Social Services, James Dumpson, as former Commissioner of the New York City Department of Social Services, Philip Toia, Individually and as Commissioner of the New York State Department of Social Services, Stephen L. Berger, Individually and as former Commissioner of the New York State Department of Social Services, and Charles Bates, Individually and as Commissioner of the Westchester County Department of Social Services, Defendants.

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

May 10, 1977.

Attorney(s) appearing for the Case

Kalman Finkel, John E. Kirklin, Elaine C. Buck, Constance P. Carden, The Legal Aid Society, Civ. Div., New York City, of counsel, for plaintiffs.

Martin A. Schwartz, Eileen Landau, Westchester Legal Services, Inc., White Plains, N. Y., of counsel, for plaintiffs-intervenors and proposed plaintiffs-intervenors.

Louis J. Lefkowitz, Atty. Gen., New York City, for New York State defendants; David L. Birch, Asst. Atty. Gen., Brooklyn, of counsel.

W. Bernard Richland, Corp. Counsel, Gayle S. Redford, Asst. Corp. Counsel, New York City, of counsel, for defendants.

Douglas Jackson, Gerold Harris, Westchester County Attorney's Office, White Plains, N. Y., of counsel, for Westchester County defendants.

MEMORANDUM

TENNEY, District Judge.

Plaintiff, a recipient of grants under the Aid to Families with Dependent Children Program ("AFDC") of the Social Security Act, 42 U.S.C. §§ 601 et seq., brought this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) challenging the validity of Section 352.7(g)(5) of Title 18 of the New York Code, Rules and Regulations ("NYCRR" or "regulations") under which an advance allowance made...

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