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TUCKER v. TOIA

89 Misc.2d 116 (1977)

Angela Tucker et al., Individually and on Behalf of All Others Similarly Situated, et al., Plaintiffs, v. Philip L. Toia, Individually and as Commissioner of the New York State Department of Social Services, Defendant.

Supreme Court, Monroe County.

January 4, 1977

Attorney(s) appearing for the Case

K. Wade Eaton, Rene H. Reixach, Steven L. Brown, David W. Beier, III, and Peggy J. Kamens for plaintiffs. William B. Haley for Community Service Society of New York and another, amici curiae. Louis J. Lefkowitz, Attorney-General (William J. Goldman of counsel), for defendant.

LYMAN H. SMITH, J.

In this action for declaratory and injunctive relief, plaintiffs seek to have declared unconstitutional a portion of section 158 of New York's Social Services Law, specifically that provision added by section 15 of chapter 76 of the Laws of 1976 (hereafter section 15). The plaintiffs, three individuals rendered ineligible for home relief benefits by this provision and two organizations whose...

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