KOSTER v. PERALES

Nos. 891, 1062, Dockets 89-9029, 9071.

903 F.2d 131 (1990)

Florence KOSTER, John Koster, Donna Koster, John Koster, Jr., Helen Koster, Janet Koster, Edward Koster, Patricia Weatherly, La Shonta Weatherly, Morris La Shonta Weatherly, Morris Weatherly, Christopher Weatherly and Terrel Weatherly, On behalf of all others similarly situated, Plaintiffs-Appellees, v. Cesar A. PERALES, as Commissioner of the New York State Department of Social Services, Francis T. Purcell, as Executive of the County of Nassau, and Joseph A. D'Elia as Commissioner of the Nassau County Department of Social Services, Defendants, Cesar A. Perales, as Commissioner of the New York State Department of Social Services, Defendant-Appellant, Cross-Appellee, Francis T. Purcell, as Executive of the County of Nassau, and Joseph A. D'Elia, as Commissioner of the Nassau County Department of Social Services, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 10, 1990.


Attorney(s) appearing for the Case

Christopher K. Hall, New York City, Asst. Atty. Gen. State of N.Y. (Robert Abrams, Atty. Gen. State of N.Y., Howard L. Zwickel, Asst. Atty. Gen., of counsel), for defendant-appellant-cross-appellee.

Gerald R. Podlesak, Mineola, N.Y., Deputy County Atty. of Nassau County (Robert W. Schmidt, County Atty. of Nassau County, of counsel), for defendants-appellees-cross-appellants.

Michael A. Cooper, New York City (Karen Patten Bogle, Sullivan & Cromwell, New York City, Leonard S. Clark, Robin Sparks, Nassau/Suffolk Law Services Committee, Inc., Hempstead, N.Y., Robert M. Hayes, O'Melveny & Myers, New York City, of counsel), for plaintiffs-appellees.

Before OAKES, Chief Judge, NEWMAN and WALKER, Circuit Judges.


WALKER, Circuit Judge:

Defendants Cesar A. Perales, Commissioner of the New York State Department of Social Services ("State defendant" or "State commissioner"), Francis T. Purcell, Executive of the County of Nassau, and Joseph A. D'Elia, Commissioner of the Nassau County Department of Social Services ("County defendants"), appeal from a judgment entered in the United States District Court for the Eastern District of New York (Glasser, J.) awarding the plaintiff class...

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