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MATTER OF KUPFERMAN v. NEW YORK STATE BD. OF SOC WELFARE

60 A.D.2d 674 (1977)

In the Matter of Irwin Kupferman et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. New York State Board of Social Welfare, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 8, 1977

Petitioners, as operators of private proprietary homes for adults, challenge a regulation of the New York State Board of Social Welfare requiring bedrooms occupied by more than one person to have a minimum of 80 square feet for each resident (18 NYCRR 15.11 [a] [3]). Previously, the regulation in effect had contained a "grandfather clause" covering otherwise substandard multiple bedrooms occupied prior to July 1, 1970, but the amended regulation involved in this proceeding...

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