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LAVINE v. MILNE

No. 74-1137.

424 U.S. 577 (1976)

LAVINE, COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES OF NEW YORK v. MILNE ET AL.

Supreme Court of United States.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Amy Juviler, Assistant Attorney General of New York, argued the cause for appellant. With her on the briefs were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General.

Gerald A. Norlander argued the cause for appellees pro hac vice. With him on the brief was Martin A. Schwartz.

MR. JUSTICE WHITE delivered the opinion of the Court.

A New York welfare statute, N. Y. Soc. Serv. Law § 131 (11) (Supp. 1975),1 disqualifies from receipt of welfare for 75 days anyone who voluntarily terminates his employment or reduces his earning capacity for the purpose of qualifying for Home Relief or Aid to Families with Dependent Children. A further provision— that at issue...

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