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PERCEY v. BLUM

No. 79-CV-308.

524 F.Supp. 324 (1981)

Anna PERCEY, on behalf of herself and her two minor children residing with her; and Ramona John, on behalf of herself and her four minor children residing with her, and all persons similarly situated, Plaintiffs, v. Barbara BLUM, as Commissioner of the New York Department of Social Services; Robert Wagner, as Commissioner of the Tompkins County Department of Social Services; Ronald Hackett, as Commissioner of the Cattaraugus County Department of Social Services; Tompkins County, a municipal corporation; and Cattaraugus County, a municipal corporation, Defendants.

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

March 14, 1981.

Attorney(s) appearing for the Case

Strom, Masson & Fuller, Cornell Legal Aid, Ithaca, N. Y., for plaintiffs; Robin Abrahamson Masson, Ithaca, N. Y., of counsel.

Robert Abrams, Atty. Gen. of the State of New York, Albany, N. Y., for defendant Blum; Clifford A. Royael, Albany, N. Y., of counsel.

Robert I. Williamson, Tompkins County Atty., Ithaca, N. Y., for defendants Robert Wagner and Tompkins County; Paul N. Tavelli, Ithaca, N. Y., of counsel.

Dennis Tobolski, Cattaraugus County Atty., Gowanda, N. Y., for defendants Ronald Hackett and Cattaraugus County; Roger E. Pyle, Gowando, N. Y., of counsel.

MEMORANDUM-DECISION

MUNSON, Chief Judge.

The plaintiffs in this civil rights action, on behalf of themselves and their minor children residing with them, contest the defendants' practice and policy of not disregarding $30.00 and 1/3 of the remainder of the earned income of employed legally responsible caretaker relatives in families receiving Aid to Families with Dependent Children [AFDC], where the needs of these caretaker relatives are not being met by...

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