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MATTER OF BERNSTEIN v. TOIA

92 Misc.2d 259 (1976)

In the Matter of Betty Bernstein et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. Philip L. Toia, as Commissioner of New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, New York County.

November 3, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Joseph F. Wagner of counsel), for Philip L. Toia, respondent. W. Bernard Richland, Corporation Counsel (Eileen Shapiro of counsel), for J. Henry Smith, respondent. Nancy E. Le Blanc, Robert J. Anderson, Ralph Murphy, Hillary Jo Sohmer, Judith L. Carlin and Gerald Schwartz for petitioners.

ALFRED M. ASCIONE, J.

Motions under calendar numbers 133 of October 8, 1976 and 178 of October 15, 1976 are consolidated for disposition.

By this article 78 proceeding, the three petitioners, who are recipients of public assistance, seek to have declared invalid 18 NYCRR 352.3 (a), which in its present form, effective October 1, 1975, establishes a maximum allowance for shelter for persons on public...

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