Swift v. Blum, 598 F.2d 312 (2d Cir. 1979). · Go Syfert
Search
Swift v. Blum, 598 F.2d 312 (2d Cir. 1979). Cases Citing This Book View Copy Cite
22 citation events across 9 distinct courts.
Strongest positive: Bray v. Dowling (ca2, 1994-05-31)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Bray v. Dowling (2×) also: Cited "see"
2d Cir. · 1994 · confidence medium
See Van Lare, 421 U.S. at 345 , 95 S.Ct. at 1747 (“[HEW] codified the holding of King v. Smith in 45 CFR § 233.90 (a)”); Swift v. Blum, 598 F.2d 312, 312-13 (2d Cir.1979) (per curiam) (referring to 45 C.F.R. §§ 233 .-20(a)(2)(viii) and 233.90(a) as “implementing regulations” for Van Lare), cert. denied, 444 U.S. 1025 , 100 S.Ct. 687 , 62 L.Ed.2d 658 (1980); 42 Fed.Reg. 6583, 6584 (1977) (stating that §§ 233.20(a)(2)(viii) and 233.90(a) were promulgated to implement Van Lare).
discussed Cited as authority (rule) Bray v. Dowling (2×) also: Cited "see"
2d Cir. · 1994 · confidence medium
See Van Lare, 421 U.S. at 345 , 95 S.Ct. at 1747 ("[HEW] codified the holding of King v. Smith in 45 CFR Sec. 233.90(a)"); Swift v. Blum, 598 F.2d 312, 312-13 (2d Cir.1979) (per curiam) (referring to 45 C.F.R.
cited Cited "see" Ward v. Thomas
D. Conn. · 1998 · signal: see · confidence high
See Swift, 598 F.2d at 312 {supra).
cited Cited "see" Ellender v. Schweiker
S.D.N.Y. · 1982 · signal: see · confidence high
See Swift v. Toia, 450 F.Supp. 983 (S.D.N.Y.1978), aff’d, Swift v. Blum, 598 F.2d 312 (2nd Cir.1979), cert. den., Blum v. Swift, 444 U.S. 1025 , 100 S.Ct. 687 , 62 L.Ed.2d 658 (1980).
cited Cited "see" Stewart v. James
E.D.N.Y · 1981 · signal: see · confidence high
See Swift v. Toia, 450 F.Supp. 983, 990 (S.D.N.Y.1978), aff’d, 598 F.2d 312 (2d Cir. 1979).
cited Cited "see" Swift Ex Rel. Swift v. Blum
S.D.N.Y. · 1980 · signal: see · confidence high
See Swift v. Toia, 461 F.Supp. 578 (S.D.N.Y. 1978), aff’d per curiam sub nom., Swift v. Blum, 598 F.2d 312 (2d Cir. 1979), cert. denied, 444 U.S. 1025 , 100 S.Ct. 1025 , 62 L.Ed.2d 658 (1980).
discussed Cited "see, e.g." Patrick Addis v. Gerald Whitburn, Individually and in His Official Capacity as Secretary of the Wisconsin Department of Health and Social Services
7th Cir. · 1998 · signal: see also · confidence low
Id. at 1224 (citation omitted); see also Swift v. Toia, 461 F.Supp. 578, 581-82 (S.D.N.Y.1978), aff 'd. & adopted, 598 F.2d 312 (2d Cir.1979), cert. denied, 444 U.S. 1025 , 100 S.Ct. 687 , 62 L.Ed.2d 658 (1980).
Retrieving the full opinion text from the archive…
Joanne Swift, Individually and on Behalf of Her Minor Daughter, Michelle Swift, and on Behalf of All Other Persons Similarly Situated, Lylia Roe, Plaintiff-Intervenor
v.
Barbara Blum, Individually and as Commissioner of the New York State Department of Social Services, Philip L. Toia, Charles W. Bates, Individually and as Commissioner of the Westchester County Department of Social Services, John Battistoni, Individually and as Acting Commissioner of the Dutchess County Department of Social Services, and Gabriel T. Russo, Individually and as Commissioner of the Monroe County Department of Social Services, Barbara Blum, Individually and as Commissioner of the New York State Department of Social Services, Philip L. Toia, and Gabriel T. Russo, Individually and as Commissioner of the Monroe County Department of Social Services
893.
Court of Appeals for the Second Circuit.
Apr 25, 1979.
598 F.2d 312
Cited by 7 opinions  |  Published

598 F.2d 312

Joanne SWIFT, Individually and on behalf of her minor
daughter, Michelle Swift, and on behalf of all
other persons similarly situated,
Plaintiffs-Appellees,
Lylia Roe, Plaintiff-Intervenor,
v.
Barbara BLUM, Individually and as Commissioner of the New
York State Department of Social Services, Philip L. Toia,
Charles W. Bates, Individually and as Commissioner of the
Westchester County Department of Social Services, John
Battistoni, Individually and as Acting Commissioner of the
Dutchess County Department of Social Services, and Gabriel
T. Russo, Individually and as Commissioner of the Monroe
County Department of Social Services, Defendants,
Barbara Blum, Individually and as Commissioner of the New
York State Department of Social Services, Philip L. Toia,
and Gabriel T. Russo, Individually and as Commissioner of
the Monroe County Department of Social Services,
Defendants-Appellants.

No. 893, Docket 79-7052.

United States Court of Appeals,
Second Circuit.

Argued April 19, 1979.
Decided April 25, 1979.

Eileen R. Kaufman, New Rochelle, N. Y. (Martin A. Schwartz, White Plains, N. Y., Westchester Legal Services, Inc., New Rochelle, N. Y., of counsel), for plaintiffs-appellees.

Marion R. Buchbinder, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen., George D. Zuckerman, Asst. Atty. Gen., New York City, of counsel), for defendants-appellants Blum and Toia.[*]

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, OWEN, District Judge.[**]

PER CURIAM:

1

We affirm on Judge Werker's opinions for the district court, reported at 450 F.Supp. 983 and 461 F.Supp. 578.

2

The only issue requiring additional comment is the State's contention that it does not in fact automatically pro-rate AFDC benefits when a child whose needs are met by non-welfare sources (and thus is not eligible for benefits) resides with the assistance unit. We conclude that Judge Werker correctly determined that there was not a genuine issue as to the existence of this policy. The state did not make an individual determination as to either named plaintiff that her child's income was applied to shared household expenses. Rather, in both cases proration was based solely on a finding that the payments were sufficient to meet the child's portion of those costs. This, in effect, presumed contributions to the household from the mere existence of income, thereby contravening Van Lare v. Hurley, 421 U.S. 338, 95 S.Ct. 1741, 44 L.Ed.2d 208 (1975), and its implementing regulations, 45 C.F.R. §§ 233.20(a)(2) (viii), 233.90(a).

*

Appellant Russo defaulted on the appellate scheduling order, and his appeal was dismissed by order dated March 9, 1979

**

Of the United States District Court for the Southern District of New York, sitting by designation