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KATZ v. BLUM

No. 78 Civ. 5486 (MP).

460 F.Supp. 1222 (1978)

Simon KATZ d/b/a Elmhurst Manor Home for Adults, Alfred Schonberger d/b/a Judith Lynn Home for Adults, Simon Berger and David Hirsch, Individually and as a Partnership d/b/a Crown Home for Adults, et al., Plaintiffs, v. Barbara B. BLUM, as Commissioner of the New York State Department of Social Services, The New York State Department of Social Services, and The State of New York, Defendants.

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

November 30, 1978.

Attorney(s) appearing for the Case

Austrian, Lance & Stewart, New York City, by Julius J. Rosen, Keith A. Taylor, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, by Emanual M. Kay, Asst. Atty. Gen., New York City, for defendants.

DECISION AND OPINION

POLLACK, District Judge.

An examination of the papers in this case leads me to the following conclusions, and the following is, accordingly, my decision on the application for an injunction.

Plaintiffs, sixty-one owners and operators of private proprietary homes for adults, seek a judgment or order, (1), declaring that New York's Social Services Law Section 461-b.5.(a) is unconstitutional and, (2) permanently enjoining and prohibiting...

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