Priscilla DAVIS, Individually and on behalf of her minor daughter Robyn Gray, and on behalf of all others similarly situated, Plaintiffs-Appellees, and Rosie Vasquez, Gail Warren, Geneva Warren, Luis Malagon and Harriet Demitroff, Plaintiffs-Intervenors-Appellees,
v.
J. Henry SMITH, Individually and as Commissioner of the New York City Department of Social Services, James Dumpson, Individually and as former Commissioner of the New York City Department of Social Services, Charles Bates, Individually and as Commissioner of the Westchester County Department of Social Services, Philip L. Toia, Individually and as Commissioner of the New York State Department of Social Services, and Stephen L. Berger, Individually and as former Commissioner of the New York State Department of Social Services, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued April 24, 1978.
Decided August 11, 1978.
Petition for rehearing granted February 23, 1979.
Attorney(s) appearing for the Case
Constance F. Carden, The Legal Aid Society, New York City (Kalman Finkel, Atty. in Charge, Civ. Div., John E. Kirklin, Director of Litigation, The Legal Aid Society, New York City, and Martin A. Schwartz and Eileen Landau, Westchester Legal Services, Inc., Hartsdale, N.Y., on the brief), for plaintiffs-appellees and plaintiffs-intervenors-appellees.
A. Seth Greenwald, Asst. Atty. Gen., State of N.Y., New York City (Louis J. Lefkowitz, Atty. Gen., State of N.Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for defendants-appellants.
Before LUMBARD, MULLIGAN and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
TIMBERS, Circuit Judge:
We have before us cross-appeals from a judgment entered May 10, 1977 in the Southern District of New York, Charles H. Tenney, District Judge,431 F.Supp. 1206. On defendants' appeal the question presented is whether the district court correctly enjoined implementation of two regulations of the New York State Department of Social Services to the extent they are inconsistent with the Social Security...
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