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BUTLER v. WING

177 Misc.2d 779 (1998)

677 N.Y.S.2d 216

Helen Butler et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Brian J. Wing, as Commissioner of the New York State Office of Temporary and Disability Assistance, et al., Defendants.

Supreme Court, New York County.

May 20, 1998

Attorney(s) appearing for the Case

BLS Legal Services, Inc., Brooklyn (Jane Greengold Stevens of counsel), and New York Legal Assistance Group, New York City (Constance P. Carden of counsel), for plaintiffs. Dennis C. Vacco, Attorney-General, New York City (August Fietkau of counsel), for defendants.

SHEILA ABDUS-SALAAM, J.

This is a declaratory judgment action in which plaintiffs challenge the constitutionality of the Statewide Offset Program (SWOP) which allows the New York State Department of Taxation and Finance (DTF) to offset taxpayers' State income tax refunds against debts owed by the taxpayers to New York State agencies. Plaintiffs have moved for partial summary judgment on several causes of action...

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