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MATTER OF PADILLA v. WYMAN

34 N.Y.2d 36 (1974)

In the Matter of Rosa Padilla, Appellant, v. George K. Wyman, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 1974.

Attorney(s) appearing for the Case

Bernard C. Durham, William B. Haley, Jonathan A. Weiss and Toby Golick for appellant.

Louis J. Lefkowitz, Attorney-General (Amy Juviler, Samuel A. Hirshowitz and Ilene J. Slater of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur.

JONES, J.

Petitioner challenges the constitutionality, under the equal protection clause, of provisions of statute, State regulation and local policy statement which taken together make the amount received by a recipient of old age assistance depend to some extent on the size and composition of the family unit with which she resides.

Prior to August 1, 1971, petitioner...

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