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SMITH v. ONONDAGA COUNTY SUPPORT COLLECTION UNIT

Nos. 83-CV-1662, 83-CV-1663.

619 F.Supp. 825 (1985)

Robert J. SMITH, Plaintiff, v. ONONDAGA COUNTY SUPPORT COLLECTION UNIT, and Robert J. Stone as Commissioner of Onondaga County Department of Social Services, and Ceasar Perales, Commissioner of the New York State Department of Social Services, and Donald Regan, Secretary of the United States Department of Treasury; and Margaret Heckler, in her official capacity as Secretary of the United States Department of Health and Human Services, Defendants. Paul JONZA, Plaintiff, v. CAYUGA COUNTY SUPPORT COLLECTION UNIT, and Commissioner of Cayuga County Department of Social Services, and Ceasar Perales as Commissioner of New York State Department of Social Services, and Donald Regan, as Secretary of Treasury, and Margaret Heckler, in her capacity as Secretary of the United States Department of Health and Human Services, Defendants.

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

October 9, 1985.

Attorney(s) appearing for the Case

Vincent J. Finocchio, Jr., Syracuse, N.Y., for plaintiffs.

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

Legal Div. of Onondaga County, James Morrissey, John Hughes, Syracuse, N.Y., for Onondaga County Collection Unit and Robert J. Stone.

Robert P. Lewis, Auburn, N.Y., Cayuga County Collection Unit and Cayuga Comr.

Frederick J. Scullin, Jr., U.S. Atty., Edward R. Broton, Asst. U.S. Atty., Syracuse, N.Y., Louis J. Lombardo, Trial Atty., Tax Div. U.S. Dept. of Justice, Washington, D.C., for Regan and Heckler.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Plaintiffs are New York State residents whose income tax refunds have been withheld by the Internal Revenue Service and turned over to New York State to satisfy allegedly unmet child support obligations.1 They challenge the constitutionality of the federal-state tax intercept program created by section 2331 of the Omnibus Budget Reconciliation Act of 1981, Pub.L. No. 97-35...

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