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FREDERICK v. SHALALA

No. 94-CV-6364L.

862 F.Supp. 38 (1994)

Elaine FREDERICK, Individually and on behalf of herself and all others similarly situated, Plaintiff, v. Donna SHALALA, in her capacity as Secretary of Health and Human Services, Michael Dowling, in his capacity as Commissioner of the New York State Department of Social Services, and James V. Murray, in his capacity as Commissioner of the Steuben County Department of Social Services, Defendants.

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

September 1, 1994.

Attorney(s) appearing for the Case

David B. Pels, Southern Tier Legal Services, Bath, NY, Susan Antos, Greater Upstate Law Project, Albany, NY, for plaintiff.

Anne VanGraafeiland, Asst. U.S. Atty., Rochester, NY, for Donna E. Shalala.

Charles D. Steinman, Asst. Atty. Gen., Rochester, NY, for Michael Dowling.

John F. Leyden, Asst. Steuben County Atty., Bath, NY, for James V. Murray.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, Elaine Frederick, has applied for and been denied benefits under the Aid to Families with Dependent Children ("AFDC") program. The reason for the denial was that she has equity in a car appraised at $4000 and both federal and state regulations provide that AFDC recipients may have no more than $1500 equity in a vehicle. Plaintiff commenced this action seeking a declaration that those regulations...

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