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MATTER OF LEE v. SMITH

43 N.Y.2d 453 (1977)

In the Matter of Annie Lee et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. J. Henry Smith, as Commissioner of the New York City Department of Social Services, Respondent, and Philip L. Toia, as Acting Commissioner of the New York State Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Amy Juviler, Samuel A. Hirshowitz, Herbert Wallenstein and Gilbert L. Offenhartz of counsel), for appellant.

Ralph Murphy, Carolyn A. Kubitschek, Nancy E. Le Blanc, Michael D. Hampden, Ian F. Feldman and Mary March Zulack for respondents.

Leonard M. Marks and Charles B. Ortner for The American Jewish Committee and another, amici curiae.

Gerald Schwartz, Judith L. Carlin and Jonathan A. Weiss for the Jewish Family Service and another, amici curiae.

Judges GABRIELLI, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge JASEN, concur.

WACHTLER, J.

On this appeal we are asked to consider the constitutionality of section 2 of chapter 1080 of the Laws of 1974 (now part of Social Services Law, § 158, subd [a]) which effectively provides, in many cases, that the aged, disabled and blind are entitled to less public assistance than other needy persons. The Supreme Court, New York County, and the Appellate...

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