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RASMUSSEN v. TOIA

No. 76 Civ. 2119 (CSH).

420 F.Supp. 757 (1976)

Jeanne RASMUSSEN et al., Plaintiffs, v. Philip TOIA, Individually and as Executive Deputy Commissioner of the New York State Department of Social Services, et al., Defendants.

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

September 13, 1976.

Attorney(s) appearing for the Case

MFY Legal Services, Inc., New York City, Ellice Fatoullah, Nancy E. LeBlanc, New York City, of counsel; Monroe County Legal Assistance Corp., Kingston, N.Y., Bryan D. Hetherington, Mid-Hudson Valley Legal Services Project, Kingston, N.Y., of counsel; Community Action for Legal Services, New York City, Marttie L. Thompson, Michael A. O'Connor, New York City, of counsel, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of State of N.Y., New York City, Samuel A. Hirshowitz, Asst. Atty. Gen., David L. Birch, Deputy Asst. Atty. Gen., of counsel, for defendants.

Before MULLIGAN, Circuit Judge, and HAIGHT and MOTLEY, District Judges.

MEMORANDUM AND ORDER

HAIGHT, District Judge.

Plaintiffs by this action seek to have this Court declare unconstitutional and permanently enjoin the operation of a recently enacted New York statute which substantially modifies the eligibility requirements for the receipt of benefits under that State's "Home Relief" program. Jurisdiction is predicated on 28 U.S.C. § 1343(3), (4) which confers original jurisdiction...

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