Withey v. Perales

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

This action, brought by recipients of Aid to Families with Dependent Children (“AFDC”)2, challenges a federal regulation *570and New York statute which together impose a procedural limitation on recipients seeking to challenge alleged AFDC underpayments. The statute and regulation create a statute of limitations requiring recipients who allege that they have received insufficient AFDC benefits to request a fair hearing before the responsible state agency within 60 days. Before me are the parties’ cross motions for summary judgment.

FACTS

The…