PEREZ v. LAVINE

No. 73 Civ. 4577 (CHT).

412 F.Supp. 1340 (1976)

Maria PEREZ et al., Individually and on behalf of all others similarly situated, Plaintiffs, v. Abe LAVINE, as Commissioner of the New York State Department of Social Services, and James R. Dumpson, as Commissioner of the New York City Department of Social Services, Defendants.

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

March 29, 1976.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for defendant Abe Lavine; Thomas R. McLoughlin, Asst. Atty. Gen., of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendant James R. Dumpson; Greg Frost and Gayle Redford, Asst. Corp. Counsel, New York City, of counsel.

Kaiman Finkel, The Legal Aid Society, Civ. Div., John E. Kirklin, Director of Litigation, The Legal Aid Society, Civ. Appeals Bureau, New York City (Eric A. Rundbaken and John W. Corwin, New York City, of counsel); Steven J. Cole, Adele Blong, Center on Social Welfare Policy and Law, Marttie L. Thompson, Community Action for Legal Services, Inc., New York City (Michael A. O'Connor, New York City, of counsel); Donald Grajales, Rina Morales, Bronx Legal Services, Corporation "B", Boston, N. Y. (James Potter, Michael Fahey, New York City, of counsel), for plaintiffs.


OPINION

TENNEY, District Judge.

Plaintiffs brought this action to trial before the Court without a jury. The case presents yet another challenge to the beleaguered New York City administration of welfare programs. Jurisdiction was predicated upon 28 U.S.C. §§ 1343(3) and (4).1 A class was certified at that time under Fed. R.Civ.P. 23(b)(2) to include all applicants and recipients of public assistance at Bronx welfare...

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