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HUBERMAN v. PERALES

No. 1058, Docket 89-6024.

884 F.2d 62 (1989)

Laurel HUBERMAN, and all others similarly situated, Plaintiff-Appellant, v. Cesar PERALES, Commissioner of the New York State Department of Social Services, and William J. Grinker, Commissioner of the New York City Department of Social Services, Richard E. Lyng, Secretary of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Michael D. Hampden, Bronx Legal Services, Bronx, N.Y., for plaintiff-appellant.

Bernard W. Bell, Asst. U.S. Atty., S.D.N.Y., New York City (Benito Romano, U.S. Atty. for the S.D.N.Y., Edward T. Ferguson, III, Asst. U.S. Atty., S.D. New York City, of counsel), for defendant-appellee Secretary of Agriculture.

Before OAKES, Chief Judge, and MESKILL and WISDOM, Circuit Judges.

WISDOM, Senior Circuit Judge:

This case requires the Court to decide whether statutorily-mandated changes in the calculation of food stamp benefits occur on the effective date of the Food Security Act of 1985 or on the date that the Secretary of Agriculture issued regulations carrying out the purposes of the Act. We join the Courts of Appeals for the Sixth and Eighth Circuits in holding that the effective date of the Act set by Congress controls.

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