MATTER OF BARTON v. LAVINE


38 N.Y.2d 785 (1975)

In the Matter of Susan Barton, on Her Own Behalf and on Behalf of Clint Young, Her Minor Ward, and on Behalf of All Other Persons Similarly Situated, Appellant-Respondent, v. Abe Lavine, as Commissioner of the Department of Social Services of the State of New York, Respondent-Appellant, and John Fahey, as Commissioner of the Department of Social Services of the County of Albany, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1975.


Attorney(s) appearing for the Case

Wade Eaton and Rene H. Reixach for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Jean M. Coon of counsel), for respondent-appellant.

Robert P. Roche, County Attorney (Philip R. Murray and Joseph F. Kehoe of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.


MEMORANDUM.

The amendment to the Social Security Act in issue here (Public Law 92-603; 86 US Stat 1462, 1492), is plainly effective as of January 1, 1973. It would have been appropriate to resort to legislative history for clarification were the effective date ambiguous upon the face of the statute. "January 1, 1973" could scarcely be more unambiguous. We decline the invitation to sit as a committee on revision. (Cf. Matter...

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