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JACKSON BY FORREST v. MULLANY

No. 80-CV-927.

708 F.Supp. 483 (1989)

Lashieka JACKSON, by Her Next Friend, Delores FORREST, on Behalf of Herself and all Other Individuals Similarly Situated, et al., Plaintiffs, v. Peter MULLANY, Individually and as Deputy Counsel of the New York State Department of Social Services; W. Burton Richardson, in his Official Capacity as Director of the Monroe County Department of Social Services, Defendant, and Richard Staszak, in his Official Capacity as Director of the Schenectady County Department of Social Services, Defendant-Intervenor. Cesar PERALES, Individually and as Commissioner of the New York State Department of Social Services, Defendant & Third-Party Plaintiff, v. Otis R. BOWEN, Secretary of the United States Department of Health and Human Services, Third-Party Defendant.

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

March 9, 1989.

Attorney(s) appearing for the Case

Monroe County Legal Assistance Corp., Rochester, N.Y., Legal Aid Society of Northeastern New York, Albany, N.Y., Legal Services of Central New York, Syracuse, N.Y. (Brian Hetherington, Susan C. Antos, and Christopher Caden, of counsel), for plaintiffs and intervenor plaintiffs.

Robert Abrams, Atty. Gen. of State of N.Y., Syracuse, N.Y. (Joanne H. Piersma, Asst. Atty. Gen.), for New York State defendants.

James A. Robinson, Monroe County Dept. of Social Services, Rochester, N.Y., for Monroe County defendants.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y. (William Larkin, Asst. U.S. Atty., of counsel), for third-party defendant.

Frank Tedeschi, Schenectady, N.Y., for defendant-intervenor Staszajk.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

On February 28, 1989, the court heard oral argument on several motions in this case. A bench decision was rendered with respect to those motions. The parties were advised that a written decision would follow.

BACKGROUND

To put these motions in context, a brief background of this protracted litigation is warranted. In November, 1980, this action was commenced to challenge two aspects of...

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