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GASAWAY v. McMURRAY

No. 73 Civ. 874.

356 F.Supp. 1194 (1973)

Irene GASAWAY et al., Plaintiffs, v. Georgia McMURRAY, Individually and as Commissioner of the Agency for Child Development and Jule M. Sugarman, individually and as Commissioner of the Human Resources Administration of the City of New York, Defendants.

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

April 2, 1973.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn Legal Services, Corp. B., Brooklyn, N. Y., Community Action for Legal Services, Inc., New York City, for plaintiffs; Janet Benshoof, New York City, and Marcia Cleveland, of counsel.

Norman Redlich, Corp. Counsel, New York City, for defendants; Michael S. Cecere, Monsey, N. Y., Henry Adler, James Abramson, of counsel.

OPINION

ROBERT J. WARD, District Judge.

In this action plaintiffs attack the method by which the New York City agency administering the City's day care program has terminated funding the Evergreen Day Care Center ("Evergreen"). They claim that the procedure employed in terminating the funding of Evergreen denies them due process and violates both the Social Security Act and regulations of the United States Department of Health, Education and Welfare ("HEW...

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