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FELD v. BERGER

No. 75 Civil 5610.

424 F.Supp. 1356 (1976)

Sarah FELD et al., Plaintiffs, v. Stephen BERGER, Individually and as Commissioner of the New York State Department of Social Services, et al., Defendants.

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

December 28, 1976.

Attorney(s) appearing for the Case

Philip M. Gassel, Jane Greengold Stevens, Andrew P. Zweben, Legal Services for the Elderly Poor, New York City, and Daniel J. Wise, Queens Legal Services Corp., Long Island City, N. Y. for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for defendant Berger; Michael P. Fogarty, Asst. Atty. Gen., New York City, of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants Dumpson, Friedman, Mazzola; Charles W. Segal, Asst. Corp. Counsel, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This is a case that does not belong in this court. It involves three governmental agencies — federal, state and city — and centers about regulations so drawn that they have created a Serbonian bog from which the agencies seemingly are unable to extricate themselves. An attorney representing one agency describes the situation as in "a confusing state of flux," a gross understatement. It is a mess. The...

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