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WITHEY v. PERALES

No. 70, Docket 90-6107.

920 F.2d 156 (1990)

Duane WITHEY and Ethel Siplin, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Cesar PERALES, individually and as Commissioner of the New York State Department of Social Services, W. Michael Woodhouse, as Commissioner of the Livingston County Department of Social Services, and W. Burton Richardson, as Director of the Monroe County Department of Social Services, and Louis W. Sullivan, M.D., as Secretary of Health and Human Services, Defendants, Cesar Perales, individually and as Commissioner of the New York State Department of Social Services, and Louis W. Sullivan, M.D., as Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 3, 1990.

Attorney(s) appearing for the Case

Bryan D. Hetherington, Rochester, N.Y. (Martha A. Roberts, Leanna Hart-Gipson, Monroe County Legal Assistance Corp., Rochester, N.Y., of counsel), for plaintiffs-appellants.

Lisa S. Farringer, Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Barbara C. Biddle, Dept. of Justice, Washington, D.C., Dennis C. Vacco, U.S. Atty., W.D.N.Y., Rochester, N.Y., of counsel), for defendant-appellee Sullivan.

Daniel Smirlock, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendant-appellee Perales.

Before LUMBARD, WINTER, and MINER, Circuit Judges.

WINTER, Circuit Judge:

This appeal presents the issue of whether a federal regulation and a companion New York State statute, which together impose a limitations period on claims for underpayment by recipients of Aid to Families with Dependent Children ("AFDC"), violate a federal statute that requires state agencies administering AFDC benefits to "promptly take all necessary steps to correct any overpayment or underpayment...

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