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RAM BY BENJAMIN v. BLUM

No. 82 Civ. 372 (RJW).

564 F.Supp. 634 (1983)

RAM, By its chairperson, Lillian BENJAMIN, on behalf of its members and all others similarly situated, and Cora Hagler, individually and on behalf of all others similarly situated, Plaintiffs, v. Barbara BLUM, individually and as Commissioner of the New York State Department of Social Services, James Krauskopf, individually and as Commissioner of the New York City Department of Social Services, and Margaret M. Heckler, Secretary of the Department of Health and Human Services, Defendants.

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

May 17, 1983.

Attorney(s) appearing for the Case

Community Action for Legal Services, Inc., The Legal Aid Society, and Bronx Legal Services, New York City, for plaintiffs; Timothy J. Casey, Arthur J. Fried, and Sean Delany, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant Barbara Blum; Marion R. Buchbinder, Asst. Atty. Gen., New York City, of counsel.

Frederick A.O. Schwartz, Jr., Corp. Counsel of the City of New York, New York City, for defendant James A. Krauskopf, Henry M. Adler, Associate General Counsel, Human Resources Administration, New York City, of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., and Annette H. Blum, Regional Atty., Region II, Dept. of Health and Human Services, New York City, for defendant Margaret M. Heckler; Jonathan A. Lindsey, Asst. U.S. Atty., and Connie Raffa, Asst. Regional Atty., New York City, of counsel.

ROBERT J. WARD, District Judge.

This action challenges the legality of the method that the State of New York has determined to employ in calculating benefits to be paid to eligible New York families under the federal Aid to Families with Dependent Children ("AFDC") program. The State of New York has determined to treat the amounts mandatorily deducted from the paychecks of employed family members, e.g. amounts withheld for federal and state taxes and Federal Insurance...

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