Lopez v. Wyman

CURTIN, District Judge.

This is an action challenging the constitutionality of the recently enacted New York welfare residency statute, Chapter 606 of the Laws of New York (1971), 1 on the grounds that it is violative of the First, Fifth, and Fourteenth Amendments to the United States Constitution. Plaintiff seeks an order that this action be maintained as a class action pursuant to Rules 23(b) (2) and (c) (1) of the Federal Rules of Civil Procedure, a judgment declaring the statute unconstitutional, and preliminary and permanent injunctive relief. Although plaintiff seeks to restrain…