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PERRY v. DOWLING

Nos. 1535, 1659, Dockets 95-9084(L), 95-9132(CON).

95 F.3d 231 (1996)

Jodi PERRY, Individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Michael DOWLING, Individually and in his official capacity as Commissioner of the New York State Department of Social Services; and Joan Sinclair, as Commissioner of the Allegany County Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 10, 1996.

Attorney(s) appearing for the Case

Mark H. Wattenberg, Southern Tier Legal Services, Bath, NY (Amy Christensen, Southern Tier Legal Services, David Pels, Watkins Glen, NY, June Castellano and Ellen Yacknin, Greater Upstate Law Project, Inc., Rochester, NY, on the brief), for plaintiff-appellee.

Michael Belohlavek, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Wayne L. Benjamin and John McConnell, Assistant Attorneys General, on the brief), for defendants-appellants.

Before KEARSE and ALTIMARI, Circuit Judges, and JOHNSON, District Judge.

ALTIMARI, Circuit Judge.

The defendants-appellants, the Commissioner of the New York State Department of Social Services ("DSS") and the Commissioner of the Allegany County Department of Social Services ("ACDSS"), appeal from a judgment of the United States District Court for the Western District of New York (Curtin, J.), granting the plaintiff-appellee's motion for summary judgment. The district court concluded that DSS's policy requiring women who received...

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