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ANNA W. v. BANE

No. 92-CV-6257T.

863 F.Supp. 125 (1993)

ANNA W., on behalf of herself and all persons similarly situated, Plaintiff, v. Mary Jo BANE, individually and in her official capacity as Commissioner of the New York State Department of Social Services, Defendant.

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

October 22, 1993.

Attorney(s) appearing for the Case

Bryan D. Hetherington, Monroe County Legal Assistance Corp. and Ellen Yacknin and Cynthia Gill, Greater Upstate Law Project, Rochester, NY, for plaintiff.

Charles D. Steinman, Office of New York State Atty. Gen., Dept. of Law, Rochester, NY, for defendant.

DECISION AND ORDER

TELESCA, Chief Judge.

Plaintiff, Anna W.,* filed this action under 42 U.S.C. § 1983 on June 15, 1992, seeking declaratory and injunctive relief with respect to several regulations promulgated by the New York State Department of Social Services ("DSS"). These regulations (18 N.Y.C.R.R. §§ 360-1.4(k) and 360.4-7(a)(1)) set forth the circumstances under which a home owned by an individual...

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