MAHONEY v. TOIA

Nos. 446, 555, Dockets 77-7478, 77-7479.

572 F.2d 63 (1978)

Cologara MAHONEY, on behalf of herself and her minor child Melissa, et al., Plaintiffs-Appellants-Cross Appellees, v. Philip TOIA, Individually and as Commissioner of the Department of Social Services of the State of New York, Defendant-Appellee-Cross Appellant, and Lewis Frankfort, Individually and as Commissioner of the Agency for Child Development of the City of New York, and J. Henry Smith, Individually and as Commissioner of the Human Resources Administration of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 6, 1978.


Attorney(s) appearing for the Case

Ira S. Bezoza, Brooklyn Legal Services Corp. A, Brooklyn, N. Y. (Cynthia Mann and Elizabeth A. Hay, Brooklyn, N. Y., on the brief), for plaintiffs-appellants-cross appellees.

Mark C. Rutzick, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for defendant-appellee-cross appellant.

Before KAUFMAN, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.


LUMBARD, Circuit Judge:

This appeal by Cologara Mahoney, representing herself, her infant daughter and all other persons who are eligible for day care services while "seeking employment" pursuant to the New York State Code of Regulations, 18 N.Y.C.R.R. § 394.2(a)(3), raises the question whether timely notice and a hearing are necessary under federal regulations before certain publicly provided day care services may be terminated. The appellees and cross-appellants...

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