PASCUCCI v. VAGOTT


71 N.J. 40 (1976)

362 A.2d 566

ANTOINETTE PASCUCCI, PLAINTIFF-APPELLANT, v. MARGARET VAGOTT, DIRECTOR OF WELFARE OF TRENTON, THE DEPARTMENT OF WELFARE OF TRENTON AND THE CITY OF TRENTON, DEFENDANTS-RESPONDENTS AND ANTOINETTE PASCUCCI, PLAINTIFF-APPELLANT, v. DEPARTMENT OF INSTITUTIONS AND AGENCIES, ANN KLEIN, COMMISSIONER; DIVISION OF PUBLIC WELFARE, G. THOMAS RITI, DIRECTOR, DEFENDANTS-RESPONDENTS. LYDIA LADYKA AND ANNA MAE GRAY, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, AND STANLEY C. VAN NESS, PUBLIC ADVOCATE, PLAINTIFF-APPELLANTS, v. DEPARTMENT OF INSTITUTIONS AND AGENCIES, ANN KLEIN, COMMISSIONER; DIVISION OF PUBLIC WELFARE, G. THOMAS RITI, DIRECTOR, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 25, 1976.


Attorney(s) appearing for the Case

Mr. Dennis S. Brotman argued the cause for appellant Pascucci (Ms. Alice Ashley Costello, Director, Legal Aid Society of Mercer County, attorney; Mr. Brotman, Mr. Robert A. Obler and Ms. Jane B. Terpstra of counsel and on the brief).

Mr. Robert P. Corman, Assistant Deputy Public Advocate, argued the cause for appellants Ladyka, Gray and Van Ness (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Corman and Mr. Michael C. Parks on the brief).

Mr. Raymond J. Lesniak, Interim Director, argued the cause for amicus curiae State Office of Legal Services.

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for respondents Department of Institutions and Agencies, et al. (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Skillman of counsel; Mr. Guy S. Michael, Deputy Attorney General, on the brief).

Mr. Raymond B. Demski argued the cause for respondents Vagott, et al. (Mr. George T. Dougherty, attorney).


The opinion of the Court was delivered by HUGHES, C.J.

These appeals (certified here while pending unheard in the Appellate Division, 68 N.J. 176 (1975)) challenge the validity of a regulation of the Division of Public Welfare, New Jersey Department of Institutions and Agencies, setting lower levels of financial assistance to persons classified as "employable" than to those classified as "unemployable." The primary issue is whether...

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