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SWIFT v. TOIA

No. 77 Civ. 2425 (HFW).

450 F.Supp. 983 (1978)

Joanne SWIFT, Individually and on behalf of her minor daughter Michelle Swift, and on behalf of all other persons similarly situated, Plaintiffs, v. Philip L. TOIA, Individually and as Commissioner of the New York State Department of Social Services and Charles Bates, Individually and as Commissioner of the Westchester County Department of Social Services, Defendants.

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

May 1, 1978.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., New Rochelle, N. Y., for plaintiffs; Eileen Landau, Yonkers, N. Y., Martin A. Schwartz, Lawrence S. Kahn, White Plains, N. Y., Steven A. Hitov, New Rochelle, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for defendant Toia; Marion R. Buchbinder, Deputy Asst. Atty. Gen., New York City, of counsel.

Charles G. Finch, Rochester, N. Y., for defendant Gabriel T. Russo; Frank P. Celona, Rochester, N. Y., of counsel.

Mid-Hudson Legal Services, Inc., Poughkeepsie, N. Y., for Proposed Intervenor Maxine Cook; Jane E. Bloom, Kathryn S. Lazar, Poughkeepsie, N. Y., of counsel.

Monroe County Legal Assistance Corp., Rochester, N. Y., for Proposed-Intervenor Lylia Roe; Marianne Artusio, Rochester, N. Y., of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

Plaintiff Swift instituted suit on her own behalf and on behalf of her daughter against defendants Toia, Commissioner of the New York State Department of Social Services and Bates, Commissioner of the Westchester County Department of Social Services, in their official and individual capacities. She seeks injunctive and declaratory relief and monetary damages in this action brought pursuant to 42 U.S.C. § 1983...

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