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MATTER OF BERNSTEIN v. TOIA

43 N.Y.2d 437 (1977)

In the Matter of Betty Bernstein et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Philip L. Toia, as Commissioner of the New York State Department of Social Services, Appellant, and J. Henry Smith, as Commissioner of the New York City Department of Social Services, Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Amy Juviler, Samuel A. Hirshowitz, Herbert Wallenstein and Joseph F. Wagner of counsel), for appellant.

Robert J. Anderson, Ralph Murphy, Nancy E. Le Blanc and K. Wade Eaton for respondents.

Chief Judge BREITEL and Judges JASEN, FUCHSBERG and COOKE concur with Judge JONES; Judge GABRIELLI, dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs.

JONES, J.

We find no sufficient basis to disturb a regulation adopted by the Department of Social Services that fixes maximum shelter allowances for recipients of public assistance without at the same time making provision for exceptions due to circumstances peculiar to individual recipients. The flat grant concept in the administration of shelter allowances is neither unconstitutional nor in conflict with section...

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