RIVERS BY RIVERS v. SCHWEIKER

No. 9, Docket 81-6257.

692 F.2d 871 (1982)

Frederick RIVERS, by his mother and natural guardian, Ellen RIVERS, Elizabeth McBride, Gloria Saeed, Margaret Demasi, and Larry Capp, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Rita Carlson, Alicia Garcia, Ossie Van Osten and Margaret Haines, on behalf of themselves and all others similarly situated, Plaintiffs-Intervenors-Appellants, v. Richard SCHWEIKER, individually and as Secretary of Health and Human Services of the United States, William Driver, individually and as Commissioner of the Social Security Administration, Defendants-Appellants, Barbara Blum, individually and as Commissioner of the New York State Department of Social Services, and James Krauskopf, individually and as Administrator of the Human Resources Administration of the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 4, 1982.


Attorney(s) appearing for the Case

Jeffrey Abrandt, The Legal Aid Society, Staten Island Neighborhood Office, Staten Island, N. Y. (Kalman Finkel, Joan F. Mangones, Arthur J. Fried, Kathleen A. Masters, David Goldfarb, New York City, The Legal Aid Society, of counsel), for plaintiffs-appellants.

Marion R. Buchbinder, Asst. Atty. Gen., State of N. Y., New York City (Robert Abrams, Atty. Gen. of the State of N. Y., George D. Zuckerman, Asst. Sol. Gen., State of N. Y., New York City, of counsel), for defendant-appellee Blum.

Michael S. Adler, New York City (Frederick A. O. Schwarz, Jr., Corp. Counsel, Leonard Koerner, Carolyn E. Demarest, New York City, of counsel), for defendant-appellee Krauskopf.

Before LUMBARD, MESKILL and CARDAMONE, Circuit Judges.


MESKILL, Circuit Judge:

Plaintiffs and intervenors, on behalf of themselves and all other Supplemental Social Security Income (SSI) recipients who applied for or received cash public assistance payments from the Human Resources Administration of the City of New York (City defendant) and the New York State Department of Social Services (State defendant) while awaiting approval of their application for SSI benefits from the United States Department of Health and Human...

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