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VALMONTE v. BANE

No. 169, Docket 93-7183.

18 F.3d 992 (1994)

Anna VALMONTE, Individually, and on behalf of all others similarly situated, Plaintiff-Appellant, v. Mary Jo BANE, As Commissioner of the NYS Dept. of Social Services, J. Daniel Bloomer, As acting Commissioner of the Orange County Dept. of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 3, 1994.

Attorney(s) appearing for the Case

Carolyn A. Kubitschek, Lansner & Kubitschek, New York, NY, for plaintiff-appellant.

Judy E. Nathan, Assistant Attorney General, New York, NY, (Robert Abrams, Attorney General of the State of New York, Albany, NY, of counsel), for defendant-appellee Mary Jo Bane.

Stephen Toole, Senior Assistant County Attorney, Orange County, NY (Stephen Hunter, County Attorney, Orange County, NY, of counsel), for defendant-appellee J. Daniel Bloomer.

Before FEINBERG, CARDAMONE, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiff-appellant Anna Valmonte appeals from a judgment of the United States District Court for the Southern District of New York (Conboy, J.) dismissing under Fed. R.Civ.P. 12(b)(6) her claim brought under 42 U.S.C. § 1983. Valmonte brought her claim against the Commissioner of the New York State Department of Social Services and the Commissioner of the Orange County Department of Social Services (collectively "the appellees...

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