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SWIFT v. BLUM

No. 893, Docket 79-7052.

598 F.2d 312 (1979)

Joanne SWIFT, Individually and on behalf of her minor daughter, Michelle Swift, and on behalf of all other persons similarly situated, Plaintiffs-Appellees, Lylia Roe, Plaintiff-Intervenor, v. Barbara BLUM, Individually and as Commissioner of the New York State Department of Social Services, Philip L. Toia, Charles W. Bates, Individually and as Commissioner of the Westchester County Department of Social Services, John Battistoni, Individually and as Acting Commissioner of the Dutchess County Department of Social Services, and Gabriel T. Russo, Individually and as Commissioner of the Monroe County Department of Social Services, Defendants, Barbara Blum, Individually and as Commissioner of the New York State Department of Social Services, Philip L. Toia, and Gabriel T. Russo, Individually and as Commissioner of the Monroe County Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 25, 1979.

Attorney(s) appearing for the Case

Eileen R. Kaufman, New Rochelle, N. Y. (Martin A. Schwartz, White Plains, N. Y., Westchester Legal Services, Inc., New Rochelle, N. Y., of counsel), for plaintiffs-appellees.

Marion R. Buchbinder, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen., George D. Zuckerman, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants Blum and Toia.*

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, OWEN, District Judge.

PER CURIAM:

We affirm on Judge Werker's opinions for the district court, reported at 450 F.Supp. 983 and 461 F.Supp. 578.

The only issue requiring additional comment is the State's contention that it does not in fact automatically pro-rate AFDC benefits when a child whose needs are met by non-welfare sources (and thus is not eligible for benefits) resides with the assistance unit....

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