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RIDDICK v. D'ELIA

No. 855, Docket 79-7802.

626 F.2d 1084 (1980)

Bertha RIDDICK, Individually and on behalf of Lulu Riddick, an infant, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Joseph D'ELIA, Commissioner of the Nassau County Department of Social Services, and Barbara Blum, as Commissioner of the New York State Department of Social Services, Defendants, Barbara Blum, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 15, 1980.

Attorney(s) appearing for the Case

Marian B. Scheuer, Asst. Atty. Gen., New York City, Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, for defendant-appellant Blum.

Ira S. Schneider, Baldwin, N. Y., Leonard S. Clark, Hempstead, N. Y., for plaintiff-appellee Nassau/Suffolk Law Services Committee, Inc.

Before LUMBARD and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

BARTELS, District Judge:

Appellee Bertha Riddick brought this action pursuant to 42 U.S.C. § 1983 seeking declaratory and injunctive relief from the New York State practice of attributing a portion of a mother's federal Old Age, Survivors' and Disability Insurance ("OASDI") benefits as income to her minor daughter for the purpose of reducing the child's need for Aid to Families with Dependent Children ("AFDC") benefits. Riddick alleged that the state policy violated...

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