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SCHWARTZ v. DOLAN

Nos. 1947, 1948, Dockets 94-7747, 94-7761, 95-7179.

86 F.3d 315 (1996)

Jane SCHWARTZ, Lorraine Tufarella, and Yvonne S. Carmona, individually and on behalf of their minor children and on behalf of a class of all other persons similarly situated, Plaintiffs-Appellees, Georgianna Bloch, Maria Santiago, Maria Moore, Janet Rivera and Doneen Johnson, Intervenors-Plaintiffs-Appellees, v. Mary Pat DOLAN, Commissioner of the Tompkins County Department of Social Services, Edwin J. Miner, Commissioner of the Chautauqua County Department of Social Services, Defendants, Michael J. Dowling, Commissioner, New York State Department of Social Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

Andrea Oser, Assistant Attorney General, Albany, N.Y. (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, NY, of counsel), for Appellant.

Susan C. Antos, Greater Upstate Law Project, Albany, N.Y. (Warren B. Scharf, Susan R. Sternberg, The Legal Aid Society, Brooklyn, NY, of counsel), for Appellees.

Before: MINER, McLAUGHLIN and LEVAL, Circuit Judges.

MINER, Circuit Judge:

Defendant-appellant Commissioner of the New York State Department of Social Services ("DSS") appeals from a judgment of the United States District Court for the Northern District of New York (Scullin, J.) granting partial summary judgment in favor of plaintiffs. After determining that the notices sent by the DSS to plaintiffs concerning their entitlement to "pass-through payments" of child support did not satisfy the requirements of due process...

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