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WILLISTON v. EGGLESTON

No. 04 Civ. 4454 (RWS).

379 F.Supp.2d 561 (2005)

Gertrude WILLISTON; and Tawana, Latoya, and Tandika Cummins by their parent, Paulette Cummins, on their own behalf and on behalf of all others similarly situated, Plaintiffs, and Jose Feliz, on his own behalf and on behalf of all others similarly situated, Plaintiff-Intervenors v. Verna EGGLESTON, as Commissioner of the New York City Department of Social Services; and Robert Doar, as Commissioner of the New York State Office of Temporary and Disability Assistance, Defendants.

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

July 27, 2005.

Attorney(s) appearing for the Case

The Urban Justice Center Homelessness Outreach Prevention Project, by Wendy Bach, Munir Pujara, New York Legal Assistance Group by Yisroel Schulman, Randal S. Jeffrey, Elissa D. Devins, Welfare Law Center, Inc. by Marc Cohan, Rebecca L. Scharf, Petra T. Tasheff, New York City, for Plaintiffs.

Honorable Eliot Spitzer, Attorney General of the State of New York by Deborah Hochhauser, Assistant Attorney General, New York City, for Defendants.

OPINION

SWEET, District Judge.

Defendant Verna Eggleston, Commissioner of the New York City Human Resources Administration ("City Commissioner" or the "City") and Robert Doar, Commissioner of the New York State Office of Temporary and Disability Assistance ("State Commissioner" or the "State") (collectively, the "Defendants") have moved under Rule 12(b)(6) and 12(b)(1) to dismiss the putative class action complaint (the "Complaint") of Gertrude Williston...

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