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WITHEY v. PERALES

No. Civ. 86-1122L.

752 F.Supp. 569 (1990)

Duane WITHEY and Ethel Siplin, individually and on behalf of all others similarly situated, Plaintiffs, v. Cesar PERALES, individually and as Commissioner of the New York State Department of Social Services, and 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.

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

January 25, 1990.

Attorney(s) appearing for the Case

Martha A. Roberts, Bryan D. Hetherington, Geneva, N.Y., for plaintiffs.

Elizabeth J. McDonald, Asst. Atty. Gen., Ann VanGraafeiland, Asst. U.S. Atty., Rochester, N.Y., for defendants.

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

This action, brought by recipients of Aid to Families with Dependent Children ("AFDC")2, challenges a federal regulation and New York statute which together impose a procedural limitation on recipients seeking to challenge alleged AFDC underpayments. The statute and regulation create a statute of limitations requiring...

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