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REYNOLDS v. GIULIANI

Nos. 06-0283-cv(L), 06-0284-cv(CON).

506 F.3d 183 (2007)

Lakisha REYNOLDS, on her own behalf and on behalf of all others similarly situated, Georgina Bonilla, on her own behalf and on behalf of all others similarly situated, April Smiley, on her own behalf and on behalf of all others similarly situated, Lue Garlick, on her own behalf and on behalf of all others similarly situated, Adriana Calabrese, on her own behalf and on behalf of all others similarly situated, Jenny Cuevas, on her own behalf and on behalf of all others similarly situated, Elston Richards, on his own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Rudolph GIULIANI, as Mayor of the City of New York, Jason Turner, as Commissioner of the New York City Department of Social Services, Brian J. Wing, as Commissioner of the New York State Office of Temporary and Disability Assistance, Barbara DeBuono, as Commissioner of the New York State Department of Health, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 31, 2007.

Attorney(s) appearing for the Case

Richard Dearing, Assistant Solicitor General, New York, New York (Eliot Spitzer, Attorney General, Michael S. Belohlavek, Senior Counsel, Division of Appeals and Opinions, James M. Hershler, Assistant Attorney General of the State of New York, New York, New York, of counsel), for State Defendants-Appellants.

Marc Cohan, Henry A. Freedman Welfare Law Center, Inc., New York, New York (Petra T. Tasheff, Henry A. Freedman Welfare Law Center, Inc., New York, New York; Yisroel Schulman, Constance P. Carden, Randal S. Jeffrey, New York Legal Assistance Group, New York, New York; Scott A. Rosenberg, Christopher D. Lamb, Hwan-Hui Helen Lee, The Legal Aid Society, Civil Division, New York, New York; Kenneth Rosenfeld, Mary Ellen Burns, Northern Manhattan Improvement Corp., New York, New York, of counsel), for Plaintiffs-Appellees.

Before: CARDAMONE, STRAUB, and WALLACE, Circuit Judges.

Judge STRAUB concurs in part and dissents in part, in a separate opinion.

Judge WALLACE concurs in a separate opinion.

CARDAMONE, Circuit Judge:

Ordinarily the state and federal governments, under whose parallel jurisdiction we all live, rub along together pretty well. When they conflict, it is unlike when "ignorant armies clash by night" as Matthew Arnold famously phrased it. Instead there is forethought, policy considerations and, as here, legal...

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