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CAMPFIELD v. PERALES

169 A.D.2d 267 (1991)

Grace Campfield et al., On Behalf of Themselves and All Persons Similarly Situated, et al., Respondents, v. Cesar Perales, as Commissioner of The New York State Department of Social Services, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 11, 1991

Attorney(s) appearing for the Case

Russell Smith of counsel (Frankfurt, Garbus, Klein & Selz, P. C., attorneys), for respondents.

Robert M. Hayes and Heather R. Evans of counsel (O'Melveny & Myers, attorneys), for respondents.

Carol Schechter of counsel (Robert Abrams, Attorney-General, attorney), for Cesar Perales, appellant.

Patrick L. Taylor of counsel (Leonard Koerner with him on the brief; Victor A. Kovner, Corporation Counsel, attorney), for William J. Grinker, appellant.

ROSENBERGER, J. P., ASCH, KASSAL and WALLACH, JJ., concur.

SMITH, J.

The issue here is whether plaintiffs are entitled to a preliminary injunction directing defendants not to cut off a shelter allowance for children even though those children are in foster care and further directing that the shelter benefits be reinstated on a retroactive basis. We conclude that on this record, plaintiffs are not so entitled. Because this court has been presented with facts which do...

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