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MARTINEZ v. BLUM

No. 950, Docket 80-6002.

624 F.2d 1 (1980)

Maria MARTINEZ, Marilyn Johnson and Mary Crandall, on Behalf of Themselves and a Class of Persons Similarly Situated, Plaintiffs-Appellants, v. Barbara BLUM, in her Official Capacity as Commissioner of the New York State Department of Social Services, and Patricia Harris, in her Official Capacity as Secretary of Health, Education and Welfare, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1980.

Attorney(s) appearing for the Case

Ian C. DeWaal, Rochester, N.Y. (Monroe County Legal Assistance Corporation, of counsel), for plaintiffs-appellants.

Clifford Royael, Albany, N.Y. (Associate Atty. Gen. Jeremiah Jochnowitz, Albany, N.Y., of counsel), for defendant-appellee Barbara Blum.

Linda Lee Walker, New York City (Department of HEW, of counsel), for defendant-appellee Patricia Harris.

Before VAN GRAAFEILAND and KEARSE, Circuit Judges, and GOETTEL, District Judge.

PER CURIAM:

Appellants appeal from the ruling of the district court granting defendants' motion for summary judgment and dismissing the action.1 The issue involved on this appeal is the constitutionality of the standard employed by the New York Department of Social Services in rendering public assistance fair hearing decisions.

The named plaintiffs in the instant action were all applicants...

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