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WYLIE v. KITCHIN

No. 83-CV-440.

589 F.Supp. 505 (1984)

Delbert F. WYLIE and Jeannette R. Wylie, individually and on behalf of Eugene J. Wylie, a minor, and Everett J. Wylie, Plaintiffs, v. Donald E. KITCHIN, individually and as Commissioner of the St. Lawrence County Department of Social Services, and Cesar A. Perales, individually and as Commissioner of the New York State Department of Social Services, and Margaret Heckler, as Secretary of the United States Department of Health and Human Services, Defendants.

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

June 20, 1984.

Attorney(s) appearing for the Case

North Country Legal Services, Inc., Canton, N.Y., for plaintiffs; Jerry C. Leek, Canton, N.Y., of counsel.

St. Lawrence County Attorney, Charles E. Palm, Canton, N.Y., of counsel, for Kitchin.

Robert Abrams, Atty. Gen., State of N.Y., Albany, N.Y., for Perales; Patricia E. P. Vincent, Asst. Atty. Gen., Albany, N.Y., of counsel.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for Heckler; Paula Ryan Conan, Asst. U.S. Atty., Syracuse, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Plaintiffs, former recipients of Aid to Families with Dependent Children ["AFDC"], bring this action for declaratory and injunctive relief challenging the application of the so-called "lump sum rule."1 Plaintiffs' AFDC benefits were terminated when plaintiff Jeannette Wylie received an unexpected lump sum of money. Plaintiffs contend that Congress intended the lump sum rule...

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