Cancel v. Wyman

HAYS, Circuit Judge:

This is an appeal from so much of an order of the United States District Court for the Southern District of New York, 321 F.Supp. 528, as denied the appellants’ motion to convene a three-judge court under 28 U.S.C. §§ 2281, 2284 (1964), to determine the constitutionality of 18 N.Y.C.R.R. § 352.31(a) (2) (1970) (formerly 18 N.Y.C.R.R. § 353.3 (2) (1) (i)), a regulation promulgated by the Department of Social Services of the State of New York.

Plaintiff Delia Cancel and her six children are recipients of Aid to Families with Dependent Children whose monthly payments were…