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ROUNDTREE v. BERGER

No. 75-C-1052.

420 F.Supp. 282 (1976)

Levan ROUNDTREE and Delores Roundtree, Individually, on behalf of their minor children and all other persons similarly situated, Plaintiffs, and John Folsom et al. v. Stephen BERGER, Individually and as Acting Commissioner of the New York State Department of Social Services, et al., Defendants.

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

September 17, 1976.

Attorney(s) appearing for the Case

John C. Gray, Jr., Brooklyn, N. Y., Lloyd E. Constantine, Brooklyn, N. Y., of counsel, Brooklyn Legal Services Corp. B, for plaintiffs and plaintiff-intervenors.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants Berger and the Dept. of Social Services; Stanley L. Kantor, Asst. Atty. Gen., of counsel.

W. Bernard Richland, Corp. Counsel, City of New York, New York City, for James Dumpson; James S. Strauss, Asst. Corp. Counsel, New York City, of counsel.

Before MESKILL, Circuit Judge, and WEINSTEIN and COSTANTINO, District Judges.

MEMORANDUM and ORDER

COSTANTINO, District Judge.

In this action, plaintiffs seek (1) a declaratory judgment voiding New York State Social Services Law § 131-i and 18 N.Y.C. R.R. § 325.19(c) as unconstitutional, and (2) an injunction restraining defendants from enforcing the provisions of these sections.

Both provisions are part of New York State's Home Relief Program. The program is completely state funded and provides cash assistance to...

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