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MATTER OF LEE v. SMITH

87 Misc.2d 1018 (1976)

In the Matter of Annie Lee et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. J. Henry Smith, as Commissioner of the New York City Department of Social Services, et al., Respondents.

Supreme Court, Special Term, New York County.

September 17, 1976

Attorney(s) appearing for the Case

Nancy E. Leblanc, Carolyn A. Kubitschek, Ralph Murphy, Michael D. Hampden, Ian F. Feldman and Mary Marsh Zulack for petitioners. W. Bernard Richland, Corporation Counsel (Isidore S. Glickman of counsel), for J. Henry Smith, respondent. Louis J. Lefkowitz, Attorney-General (Ellen Hill of counsel), for Philip L. Toia, respondent.

NATHANIEL T. HELMAN, J.

Petitioners are recipients of Supplemental Security Income (SSI) from the United States Social Security Administration which includes optional State grants provided by the New York Social Services Law. In this article 78 proceeding they challenge a provision of the New York Social Services Law (Social Services Law, § 158, subd [a]) which provides State home relief, but renders...

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