HAYES v. HUMAN RESOURCES ADMINISTRATION

No. 927, Docket 80-6369.

648 F.2d 110 (1981)

Ms. Barbara HAYES et al., Plaintiffs-Appellees, v. HUMAN RESOURCES ADMINISTRATION OF the CITY OF NEW YORK, Stanley Brezenoff, Commissioner et al., Defendants-Appellants, and City University of New York, a body corporate, Robert J. Kibbee, Chancellor, et al., Defendants. Anna VILLANUEVA, etc., Plaintiff-Appellee, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, et al., Defendants-Appellants, and Patricia Roberts Harris, as Secretary of the United States Department of Health and Human Resources, Defendants. Carmen WARREN and Michelle Warren, Plaintiffs-Appellees, v. Stanley BREZENOFF, individually and as Commissioner, et al., Defendants-Appellants, and Patricia Roberts Harris, individually and as Secretary, et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided May 5, 1981.


Attorney(s) appearing for the Case

Robert A. Forte, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N. Y., George D. Zuckerman, New York City, of counsel) for State defendants-appellants.

David B. Rigney, Gen. Counsel, New York City (CUNY, Laura Blank, New York City, of counsel) for defendant-appellee, the City University of New York.

George E. Hairston, New York City (N.A.A.C.P.) for plaintiffs-appellees Barbara Hayes, Cerise Jones, Marion Brown, Regina Campbell.

John C. Gray, Jr., Brooklyn, N. Y. (Brooklyn Legal Services Corp., Gretchen L. Sprague, Brooklyn, N. Y., of counsel) for plaintiff-appellee Anna Villaneuva.

Before Van GRAAFEILAND and MESKILL, Circuit Judges, and STEWART, District Judge.


STEWART, District Judge:

The crux of the issue presented in this case is whether the definition of "necessary educational costs" for students who receive grants under the Aid to Families with Dependent Children ("AFDC") program is to be determined pursuant to federal regulations promulgated by the Commissioner of Education under the Higher Education Act of 1965, Title IV, Pub.L. 89-329, 20 U.S.C. §§ 1070-1089 ("Higher Education Act") or by the New York State...

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