Court of Appeals for the Second Circuit June 30, 1987, Nos. 970, 971, Dockets 86-6267, 86-6281 (Biggs v. Lyng)

MAHONEY, Circuit Judge:

The Secretary of Agriculture (“Secretary”) appeals from a summary judgment of the United States District Court for the Eastern District of New York (Wexler, J.) overturning the Secretary of Agriculture’s classification of certain state relief benefits as “income” rather than “loans” under the Food Stamp Act, 7 U.S.C.A. §§ 2011-2029 (West 1973 & Supp.