CARVER v. CITY OF NEW YORK

Docket No. 09-2053-cv.

621 F.3d 221 (2010)

Walter E. CARVER, individually, and on behalf of those similarly situated, Plaintiff-Appellant, v. The CITY OF NEW YORK, a body corporate and politic, Michael R. Bloomberg, individually and in his official capacity as Mayor of the City of New York, New York City Human Resources Administration, Department of Social Services, an agency of the City of New York, Robert Doar, individually and in his official capacity as Administrator and Commissioner of the New York City Human Resources Administration and Department of Social Services, New York City Health and Hospitals Corporation, a New York corporation, Alan D. Aviles, individually and in his official capacity as President and Chief Executive Officer of New York City Health and Hospitals Corporation, New York City Department of Transportation, an agency of the City of New York, Janette Sadik-Khan, individually and in her official capacity as Commissioner of the New York Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 23, 2010.


Attorney(s) appearing for the Case

Richard D. Lamborn , Bronx, NY, for Plaintiff-Appellant.

Mordecai Newman , Assistant Corporation Counsel ( Larry A. Sonnenshein , Abigail Lynne Goldenberg , of counsel), for Michael A. Cardozo , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Before: JACOBS, Chief Judge, WINTER and WALKER, Circuit Judges.


DENNIS JACOBS, Chief Judge:

Plaintiff Walter Carver appeals from an April 1, 2009 judgment of the United States District Court for the Eastern District of New York (Sifton, J.), dismissing his complaint for lack of standing. As a recipient of public assistance from the City of New York, Carver was required to work for the City, and was paid minimum wage, under a program funded in whole or part by the State of New York. State law requires all state public-assistance...

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