PERALES v. MEESE

No. 1307, Docket 88-6115.

847 F.2d 55 (1988)

Cesar PERALES, as Commissioner of The New York State Department of Social Services, The New York State Department of Social Services, Robert Abrams, as Attorney General of the State of New York, and on behalf of the People of the State of New York, The State of New York, and The City of New York and Sara Doe, Jane Roe, and Anne Coe, individually, on behalf of all others similarly situated and their minor children, Plaintiffs-Appellants, v. Edwin MEESE, III, as Attorney General of the United States, William S. Slattery, as Assistant Commissioner of the Immigration and Naturalization Service, Edward Wildblood, as Legalization Director of the INS Eastern Regional Office, Gilbert Tabor, as INS Eastern Regional Processing Facility Director, Charles Sava, as INS District Director of the New York District, and Otis R. Bowen, as Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 19, 1988.


Attorney(s) appearing for the Case

Stephen Loffredo, Main Street Legal Services, Inc., Flushing, N.Y. (Janet Calvo, Main Street Legal Services, Inc., Flushing, N.Y., Volunteers of Legal Service, Inc., Legalization Support Project, Randye Retkin, New York City, Richard J. Holwell, James M. Stillwaggon, Robert J. Morrow, Joan Morgan McGivern, Andrew P. Langhoff, Mary McQuillen, Sheela Murthy, White & Case, New York City, of counsel), for individual plaintiffs-appellants, and members of the plaintiff class.

Peter L. Zimroth, Corp. Counsel to the City of New York, Michael D. Young, Gail Rubin, Hilary B. Klein, New York City, on the brief, for plaintiff-appellant The City of New York.

Noel Anne Ferris, Sp. Asst. U.S. Atty., S.D. New York, New York City (Rudolph W. Giuliani, U.S. Atty., for the S.D. New York, Nancy Kilson, Asst. U.S. Atty., S.D. New York, New York City, of counsel), for defendants-appellees.

Debra Marcus, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Judith A. Gordon, Judith T. Kramer, Charles F. Sanders, Asst. Attys. Gen., State of N.Y., New York City, of counsel), for plaintiffs-appellants Perales, The New York State Dept. of Social Services, Robert Abrams and The State of N.Y.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.


PER CURIAM:

This is an appeal from an order entered in the United States District Court for the Southern District of New York, Conboy, J., denying plaintiffs-appellants' motion for a preliminary injunction. The plaintiffs-appellants are the State of New York, the City of New York, the Commissioner of the New York State Department of Social Services, the Attorney General of the State of New York, and three anonymous undocumented aliens who are seeking to apply for...

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