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BACON v. TOIA

No. 77 Civ. 2823(LPG).

493 F.Supp. 865 (1980)

Jeanne BACON, Individually and on behalf of her minor children Robert Bacon and Ife Bacon, and on behalf of all other persons similarly situated, Plaintiffs, v. Philip L. TOIA, Individually and as Commissioner of the Department of Social Services of the State of New York, and Charles W. Bates, Individually and as Commissioner of the Westchester County Department of Social Services, Defendants.

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

June 23, 1980.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., White Plains, N. Y., for plaintiffs; Martin A. Schwartz, White Plains, N. Y., of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

MEMORANDUM DECISION

GAGLIARDI, District Judge.

The issue presented by this case, which is before the court on remand from the Second Circuit, is whether three provisions of Section 350-j of the New York Social Service Law ("NYSSL") as amended May 1, 1977 by the New York Laws of 1977, Chapter 77, Section 10 ("the statute")1 deny plaintiffs equal protection of the law in violation of the Fourteenth Amendment of

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