1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 40 N.Y.2d
  5. 40 N.Y.2d 565 (1976)
 

MATTER OF BARIE v. LAVINE

40 N.Y.2d 565 (1976)

In the Matter of Donna Barie, on Her Own Behalf and on Behalf of All Other Persons Similarly Situated, Appellant, v. Abe Lavine, as Commissioner of New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Lanny Earl Walter and Lawrence F. Klepper, Albany, for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), Albany, for respondents.

Chief Judge BREITEL and Judges JASEN, and FUCHSBERG concur with Judge GABRIELLI; Judge JONES dissents and votes to reverse in a separate opinion in which Judge WACHTLER concurs; Judge COOKE taking no part.

GABRIELLI, J.

Petitioner has challenged a regulation promulgated by the State Department of Social Services which disqualifies welfare recipients from receiving assistance for 30 days for failure to comply with the work referral program established by that department pursuant to subdivision 5 of section 131 of the Social Services Law. It is claimed that the regulation (18 NYCRR 385.7 [a]) conflicts with section...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases