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CANCEL v. WYMAN

No. 70 Civ. 2359.

321 F.Supp. 528 (1970)

Delia CANCEL, on behalf of herself and on behalf of her infant children, Luis Cordero, Gloria Cordero, Bruniidia Cordero, Chester John Cordero, Anna Delia Cordero, and Jesus Santana, Plaintiffs, v. George K. WYMAN, individually and as Commissioner of the Department of Social Services of the State of New York, and Jack R. Goldberg, individually and as Commissioner of the Department of Social Services of the City of New York, Defendants.

United States District Court, S. D. New York.

August 24, 1970.

Attorney(s) appearing for the Case

John DeWitt Gregory, Community Action for Legal Service, New York City, by John Falk, John C. Gray, Jr., New York City, of counsel, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, by Samuel A. Hirshowitz, A. Seth Greenwald, New York City, of counsel, for defendant Wyman.

J. Lee Rankin, Corporation Counsel, New York City, by Jay A. Kranis, Leonard Bernikow, New York City, of counsel, for defendant Goldberg.

MEMORANDUM

COOPER, District Judge.

This action challenges the validity of New York State Department of Social Services Regulation 353.3(a) (2) (i) on the grounds that such regulation is contrary to 45 C.F.R. § 203.1, a regulation propounded by the United States Department of Health, Education and Welfare, and further, upon the ground that such state regulation violates plaintiff's Fourteenth Amendment rights to due process and equal protection of the...

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