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SWEENEY v. BANE

Nos. 805, 982, Dockets 92-7924, 92-9138.

996 F.2d 1384 (1993)

James SWEENEY, William Drumright, Theresa Saponara, and Gabriel Folarin, Helen M. and Ethel Dankberg, on behalf of themselves and all persons similarly situated, Plaintiffs-Appellants, v. Mary Jo BANE, individually and in her capacity as Commissioner of the New York State Department of Social Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 1993.

Attorney(s) appearing for the Case

Jonathan Ben-Asher, New York City (Toby Golick, Cardozo Bet Tzedek Legal Services, New York City, Jane E. Booth, Constance P. Carden, The Legal Aid Soc., New York City, Valerie J. Bogart, Jonathan A. Weiss, Legal Services for the Elderly, New York City, of counsel), for plaintiffs-appellants.

Judy E. Nathan, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, New York City, Robert J. Schack, Asst. Atty. Gen., Jerry Boone, Sol. Gen., New York City, of counsel), for defendant-appellee.

Before: KEARSE and WINTER, Circuit Judges, and CABRANES, District Judge.

WINTER, Circuit Judge:

This appeal arises from Judge Hurley's denial of appellants' motion for a preliminary injunction. Appellants brought this class action (as yet not certified), seeking declaratory and injunctive relief against the implementation of a 1992 amendment to N.Y.Soc.Serv. Law § 367-a(6) (McKinney 1992), by the New York State Department of Social Services ("DSS"). The amendment requires recipients to make...

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