KELLY ON BEHALF OF LOFSTOCK v. PERALES

No. 82 Civ. 8513(MEL).

566 F.Supp. 785 (1983)

In the Matter of the Application of Marian KELLY on Behalf of her minor child John LOFSTOCK, Plaintiffs, Carmelina Buchanan, on behalf of her two minor children and on behalf of all others similarly situated, Intervenor-Plaintiff, v. Cesar PERALES, as Commissioner of the New York State Department of Social Services; Noah Weinberg, as Commissioner of the Rockland County Department of Social Services; Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services; Margaret Heckler, as Secretary of Health and Human Services, Defendants.

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

June 29, 1983.


Attorney(s) appearing for the Case

Arthur J. Fried, The Legal Aid Soc., New York City, Rene H. Reixach, June Castellano, Greater Upstate Law Project, Rochester, N.Y., for intervenor-plaintiff; Leonard Clark, Hempstead, N.Y., Vicki Lens, Huntington, N.Y., Nassau/Suffolk Law Services Committee, of counsel.

Robert Abrams, Atty. Gen. of State of N.Y., New York City, for defendant Cesar Perales; Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Maryellen Weinberg, Joseph F. Wagner, Asst. Attys. Gen., New York City, of counsel.

Edward G. McCabe, County Atty. of Nassau County, Mineola, N.Y., for defendant Joseph D'Elia; Bruce J. Adams, Deputy County Atty., Mineola, N.Y., of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant Margaret M. Heckler; Twila L. Perry, Asst. U.S. Atty., New York City, Annette H. Blum, Regional Atty., Holly A. Clarke, Asst. Regional Atty., Dept. of Health and Human Services, Washington, D.C., of counsel.


LASKER, District Judge.

I. Introduction

Carmelina Buchanan, on behalf of her two minor children and all others similarly situated, challenges the legality of New York State's method of determining the amount of income deemed available for meeting the needs of a family receiving federal Aid to Families with Dependent Children ("AFDC") benefits, for families in which the household includes an employed stepparent. The challenged method of computation...

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