Bacon v. Toia

FEINBERG, Chief Judge:

This class action for declaratory and injunctive relief under 42 U.S.C. § 1983 challenges the constitutionality of certain amendments adopted in 1977 to section 350 — j of the New York Social Services Law,1 the provision governing the state’s program of emergency assistance to needy families with children.2 We conclude that the statute, as amended, is not invalid under the Supremacy Clause of the Constitution, but we hold that the two particular provisions raised in this appeal — one denying cash emergency assistance to persons eligible for or receiving Aid to Families…