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TAMBE v. BOWEN

No. CIV-85-0539T.

662 F.Supp. 939 (1987)

Ronald and Linda TAMBE, Individually and on behalf of all others similarly situated, Plaintiffs, v. Otis BOWEN as Secretary of Health and Human Services, Cesar Perales as Commissioner of New York State Department of Social Services and W. Burton Richardson, as Director of the Monroe County Department of Social Services, Defendants.

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

June 23, 1987.

Attorney(s) appearing for the Case

Monroe County Legal Assistance Corp., Edwin Lopez-Soto, of Counsel, Rochester, N.Y., for plaintiffs.

United States Attorney's Office (Rosemary G. Roberts, Asst. U.S. Atty., of counsel), Monroe County Dept. of Social Services (Milo I. Tomanovich, Chief Counsel), Attorney General of the State of N.Y. (Elizabeth J. McDonald, Asst. Atty. Gen., of counsel), Rochester, N.Y., for defendants.

DECISION and ORDER

TELESCA, District Judge.

Plaintiffs and defendants in this case have cross moved for summary judgment and the plaintiffs have moved for class certification. For the reasons that follow I find that the Federal and State welfare regulations that forbid payments to correct admitted underpayments of welfare to families no longer eligible for public assistance violate 42 U.S.C. § 602(a)(22). Therefore I award plaintiffs summary judgment...

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