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STEINER v. DOWLING

Nos. 93-CV-1132, 94-CV-84.

914 F.Supp. 25 (1995)

Frances STEINER, on behalf of herself and all others similarly situated, Plaintiff, v. Michael DOWLING, Commissioner, New York State Department of Social Services, Defendant. Harold OTIS, Ramon Vargas, Donald Miller, Alfred Bulson, Emmett Connally, Madeline Montario and Frances Hickok, Plaintiffs, v. Michael DOWLING, Commissioner, New York State Department of Social Services, Defendant.

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

May 31, 1995.

Attorney(s) appearing for the Case

Norma E. Hogan, Albany, New York, for Plaintiffs.

Dennis C. Vacco, Attorney General, State of New York, Department of Law, Albany, New York (Judith I. Rattner, Assistant Attorney General, of counsel), for Defendant.

MEMORANDUM DECISION AND ORDER

CHOLAKIS, District Judge.

Presently before the Court is a motion for partial summary judgment brought by the various plaintiffs in these two companion cases, and a cross-motion for summary judgment on behalf of the common defendant, Michael Dowling, Commissioner, New York State Department of Social Services.

In these two cases, plaintiffs contend that 18 NYCRR § 360.4-4(c)(2)(iii)(c) was in violation of the...

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