CARTER v. BLUM

No. 79 Civ. 5896 (JMC).

493 F.Supp. 368 (1980)

Terriciena CARTER, Luz Figueroa, Gloria Ward, Melodie Ann Kay, Ethel Lacy, Margaret Croft, Linda Ridgeway, on behalf of themselves and all others similarly situated, Plaintiffs, v. Barbara BLUM, Individually and in her capacity as Commissioner of the N.Y.S. Department of Social Services; John Fredericks, Individually and in his capacity as Director of the Food Stamp Bureau of the N.Y.S. Department of Social Services; John H. Battistoni, Individually and in his capacity as Commissioner of the Dutchess County Department of Social Services; Thomas L. Keenan, Individually and in his capacity as Commissioner of the Niagara County Department of Social Services; Robert E. Laundree, Individually and in his capacity as Commissioner of the Essex County Department of Social Services; Noel Weinberg, Individually and in his capacity as Commissioner of the Rockland County Department of Social Services; Charles V. Fiorella, Individually and in his capacity as Commissioner of the Chautaugua County Department of Social Services; Sarah Curtis, Individually and in her capacity as Commissioner of the Steuben County Department of Social Services; Stanley Brezenoff, Individually and in his capacity as Commissioner of the Human Resources Administration of the City of New York, Defendants.

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

June 11, 1980.


Attorney(s) appearing for the Case

Community Action for Legal Services, Inc., New York City (Catherine P. Mitchell, Daniel J. Wise, and Alice McInerney, New York City, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N. Y., Marian B. Scheuer, Asst. Atty. Gen., New York City, for the State defendants.

Allen G. Schwartz, Corp. Counsel for the City of New York, Joseph F. Bruno, and David Drueding, Asst. Corp. Counsel, New York City, for defendant Brezenoff.


MEMORANDUM AND ORDER

CANNELLA, District Judge.

Plaintiffs' motions for judgment on the pleadings, or summary judgment, and class certification are denied. Fed.R.Civ.P. 12(c), 56, 23(c).

Defendants' motion for summary judgment is granted. Fed.R.Civ.P. 56.

This class action was commenced on behalf of recipients of public assistance residing in various counties in New York who have received a pregnancy allowance under the Aid to Families with...

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