Holley v. Lavine

WYZANSKI, Senior District Judge:

This is an appeal from a judgment entered by Judge Harold P. Burke in the United States District Court for the Western District of New York. Plaintiff is an alien unlawfully residing in the United States but covered by an official communication from the Immigration and Naturalization Service stating that it “does not contemplate enforcing her departure from the United States at this time.” Defendants administer New York Social Services Law § 131-k-l and New York State Department of Social Services regulation 18 N.Y.C.R.R. § 349.3(a), both of which provide that…