PERRY v. DOWLING

No. 93-CV-541C.

963 F.Supp. 231 (1997)

Jodi PERRY, Individually, and on behalf of all others similarly situated, Plaintiffs, 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.

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

May 6, 1997.


Attorney(s) appearing for the Case

Southern Tier Legal Services (Mark H. Wattenberg, and David B. Pels, of counsel), Bath, NY, for Plaintiffs.

Dennis C. Vacco, Attorney General of State of New York (Joseph P. Reina, Assistant Attorney General, of counsel), Buffalo, NY, for Defendants.


DECISION AND ORDER

CURTIN, District Judge.

The facts of this case are set out in detail both in this court's previous orders and in the decision of the Court of Appeals. We repeat only those facts necessary to the disposition of the instant motions.

This court granted plaintiffs motion for summary judgment, concluding that the New York State Department of Social Services ("DSS") policy at issue was unreasonable. Perry v. Dowling,

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