STATE OF N.Y. v. LYNG

No. 773, Docket 86-6261.

829 F.2d 346 (1987)

The STATE OF NEW YORK, The New York State Dept. of Social Services, Cesar A. Perales, as Commissioner of the New York State Dept. of Social Services, The City of New York, The New York City Human Resources Administration, Harvey Robins, as Acting Administrator of the New York City Human Resources Administration, Valerie Rodriguez, individually, on behalf of her children, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Richard E. LYNG, as Secretary of Agriculture of the United States, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 23, 1987.


Attorney(s) appearing for the Case

Arthur J. Fried, Supervising Atty., Homeless Family Rights Project, The Legal Aid Society, Civ. Div., New York City (Kalman Finkel, Attorney-in-charge; Helaine Barnett, Project Director; Maxwell Gould; The Legal Aid Society, Civ. Div., New York City, of counsel), for plaintiffs-appellants Valerie Rodriguez and the Proposed Class.

Moira Morrissey, Asst. Atty. Gen., State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Mary Fisher Bernet, Asst. Atty. Gen. of the State of N.Y., of counsel) for state plaintiffs-appellants.

Michael D. Young, Asst. Corp. Counsel of the City of N.Y.; New York City (Michael D. Young, Asst. Corp. Counsel, Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of N.Y., of counsel) on the brief for city plaintiffs-appellants.

Ellen B. Silverman, Asst. U.S. Atty., New York City (Steven E. Obus, Asst. U.S. Atty., Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., of counsel) for defendant-appellee Richard E. Lyng.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.


CARDAMONE, Circuit Judge:

The State and City of New York and Valerie Rodriguez, on behalf of herself and her children, (appellants), appeal from an order of the United States District Court for the Southern District of New York (Cannella, J.), denying their motion for a preliminary injunction against the Secretary of Agriculture of the United States, Richard E. Lyng (Secretary). Appellants challenge the Secretary's ruling that the State and City must count an extra...

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