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KAPPS v. WING

Docket Nos. 03-9117-cv(L), 04-1271-cv(CON).

404 F.3d 105 (2005)

Eileen KAPPS, Geraldine Boyland, Alice Costello, Joan Ford, Joanne Karl and Margaret Riley, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Brian J. WING, as Commissioner of the Office of Temporary and Disability Assistance of the New York State Department of Family Assistance, Jason A. Turner, as Commissioner of the New York City Department of Social Services and Jerry Cammarata, as Commissioner of the New York City Department of Youth and Community Development, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 4, 2005.

Attorney(s) appearing for the Case

Peter Vollmer, Law Offices of Vollmer and Tanck, Jericho, NY, for Plaintiffs-Appellees.

Grace Goodman, Assistant Corporation Counsel for Michael A. Cardozo, Corporation Counsel for the City of New York (Larry A. Sonnenshein, of counsel), New York, NY, for Defendants-Appellants Cammarata and Turner.

Oren L. Zeve, Assistant Solicitor General for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Deputy Solicitor General, of counsel), New York, NY, for Defendant-Appellant Wing.

Before: CALABRESI, B.D. PARKER, and RAGGI, Circuit Judges.

CALABRESI, Circuit Judge.

Defendants appeal from the judgment of the district court (Gershon, J.) granting plaintiffs partial summary judgment, and entering an award of declaratory and injunctive relief. The district court based its judgment on findings that, in the administration of New York's Home Energy Assistance Program ("HEAP"), defendants violated the procedural requirements of the federal Due Process Clause, and the Low Income Home Energy Assistance...

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