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JOHNSON v. WING

No. 98-9077.

178 F.3d 611 (1999)

Beulah JOHNSON, Plaintiff-Appellant, v. Brian J. WING, as Commissioner of the Department of Social Services of the State of New York; Mary E. Glass, as Commissioner of the Department of Social Services of Westchester County; and Volunteers of America, Inc., Defendants-Appellees, Sonia Mgrdichian and Linda Adrover, Intervenors-Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided June 1, 1999.

Attorney(s) appearing for the Case

Dominique Ghossein, Westchester/Putnam Legal Services (Michael D. Hampden, of counsel), for plaintiff-appellant.

Mary Lynn Nichols, Assistant Attorney General of the State of New York, for Eliot Spitzer, Attorney General of the State of New York (John W. McConnell, Deputy Solicitor General; Katherine Demgen, Assistant Attorney General; Robert A. Forte, Assistant Attorney General, of counsel) for defendant-appellee Brian J. Wing.

Marguerite R. Wiess, Assistant County Attorney, Westchester County, for Alan D. Scheinkman, Westchester County Attorney (Stacey Dolgin-Kmetz, Chief Deputy County Attorney, of counsel) for defendant-appellee Mary E. Glass.

Andrew Schulz, Kalkines, Arky, Zall & Bernstein LLP, New York, NY, for defendant-appellee Volunteers of America, Inc.

Before: KEARSE and CALABRESI, Circuit Judges, and HAIGHT, District Judge.

CALABRESI, Circuit Judge:

Pursuant to a contract between Westchester County, New York, and defendant-appellee Volunteers of America ("VOA"), VOA provides housing and other services to homeless persons in Westchester County. The County pays most of the attendant expenses. As part of this arrangement with the County, VOA housed plaintiff-appellant Beulah Johnson, who is disabled and receives monthly payments of Supplemental Security Income ("SSI").

The County...

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