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RUIZ v. BLUM

No. 81 Civil 1085.

549 F.Supp. 871 (1982)

Vincent RUIZ, infant, individually and on behalf of all others similarly situated by his parent, Sofia Castillo, Plaintiffs, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, The Human Resources Administration of the City of New York, and James A. Krauskopf, as Commissioner of the New York City Department of Social Services and Administrator of the Human Resources Administration, Defendants.

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

October 27, 1982.

Attorney(s) appearing for the Case

The Legal Aid Soc., John E. Kirklin, Director, Rachel Vorspan, Civil Appeals & Law Reform Unit, of counsel.

The Legal Aid Soc., Arthur J. Fried, Supervising Atty., New York City, for plaintiffs; Kathleen A. Masters, Administrative Law Unit, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendant Blum; Robert A. Forte, Asst. Atty. Gen., New York City, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City, for defendants The Human Resources Administration of the City of New York and James A. Krauskopf; Norma Kerlin, Asst. Corp. Counsel, New York City, Randi J. Bader, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

In this action plaintiffs challenge the practice of the State of New York ("the State") and the City of New York ("the City") in determining eligibility for publicly funded day care services. The plaintiffs contend that the policy and practice of denying day care benefits to otherwise eligible children who are United States citizens, or non-citizen children who are lawfully present in the United States, but whose...

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