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DIOTTE v. BLUM

No. 82-CV-486.

585 F.Supp. 887 (1984)

Charles F. DIOTTE, Individually and on behalf of all others similarly situated, Plaintiff, v. Barbara BLUM, Individually and as Commissioner of the New York State Department of Social Services; Lillian Roberts, Individually and as Industrial Commissioner of the State of New York; John J. Fahey, Individually and as Commissioner of the Albany County Department of Social Services, Defendants.

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

April 2, 1984.

Attorney(s) appearing for the Case

Legal Aid Society of Northeastern New York, Inc., Albany, N.Y., for plaintiff; Joel F. Spitzer, Michael Foster, Wendy Wahlberg, Albany, N.Y., of counsel.

Philip R. Murray, Albany County Department of Social Services, Legal Division, Albany, N.Y., for defendant Fahey; Alan P. Joseph, Albany, N.Y., of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., for State defendants; Robert B. Keyes, Asst. Atty. Gen., Albany, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action arises out of a challenge to § 49-b of the New York Personal Property Law which allows for "income deduction" from an individual's state unemployment insurance benefits for purposes of child support payments. The complaint is brought pursuant to 42 U.S.C. § 1983 and alleges that the New York statute deprived plaintiff of his due process and equal protection rights under...

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