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LUGO v. DUMPSON

No. 74 Civ. 5652.

390 F.Supp. 379 (1975)

Maria LUGO, Individually and on behalf of her minor children Maximo, Clyde and Edwin Lugo, and Dorothy Riley, Individually and on behalf of her minor children Angela and Lauren Paris, and on behalf of all others similarly situated, Plaintiffs, v. James DUMPSON, Individually and as Commissioner of the New York City Department of Social Services, and Abe Lavine, Individually and as Commissioner of the New York State Department of Social Services, Defendants.

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

February 24, 1975.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City, for plaintiffs; John E. Kirklin, Elaine C. Buck, Guy Germano, New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendant Dumpson; Gayle S. Redford, Asst. Corp. Counsel, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of N. Y., New York City, for defendant Lavine; Burton Herman, Asst. Atty. Gen., of counsel.

METZNER, District Judge:

This is a motion in a purported class action for a preliminary injunction to stay the enforcement, operation and execution of New York State Department of Social Services Regulation, 18 N.Y.C. R.R. § 358.8(a)(1)(i). Plaintiffs also move to convene a three-judge court to rule on the constitutionality of the regulation.

Section 358.8(a) requires that recipients of public assistance be sent timely advance notice of any proposed action...

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