BACON v. TOIA

Nos. 491, 602, Dockets 80-7725, 80-7745.

648 F.2d 801 (1981)

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-Appellants-Cross-Appellees, and Freddie Mae Goodwine, Linda Selders and Gertrude Parrish, Plaintiffs-Intervenors-Appellants-Cross-Appellees, v. Philip L. TOIA, individually and as Commissioner of the Department of Social Services of the State of New York, Defendant-Appellee-Cross-Appellant, Charles W. Bates, individually and as Commissioner of the Westchester County Department of Social Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided May 4, 1981.

Last Brief February 4, 1981.


Attorney(s) appearing for the Case

Martin A. Schwartz, Westchester Legal Services, Inc., White Plains, N.Y. (Eileen Kaufman, Westchester Legal Services, Inc., White Plains, N.Y., Constance Carden, Legal Aid Society, New York City, of counsel), for plaintiffs-appellants-cross-appellees.

Robert S. Hammer, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendant-appellee-cross-appellant.

Randolph W. Gaines, Chief of Litigation, Richard Wills Hubbard, Atty., Dept. of Health and Human Services, Baltimore, Md. (Alice Daniel, Asst. Atty. Gen., Washington, D.C., John S. Martin, U.S. Atty., for the S.D. N.Y., New York City, of counsel), for Secretary of Health and Human Services as amicus curiae.

Before FEINBERG, Chief Judge, KEARSE, Circuit Judge, and EDELSTEIN, District Judge.


FEINBERG, Chief Judge:

This class action for declaratory and injunctive relief under 42 U.S.C. § 1983 challenges the constitutionality of certain amendments adopted in 1977 to section 350-j of the New York Social Services Law,1 the provision governing the state's program of emergency assistance to needy families with children.2 We conclude that the statute, as amended, is not invalid under the Supremacy...

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