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LUMPKIN v. SOC SERVS.

45 N.Y.2d 351 (1978)

In the Matter of Cassandra Lumpkin, on Behalf of Herself and All Other Persons Similarly Situated, Appellant, v. Department of Social Services of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Jonathan P. Harvey for appellant.

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), for the Department of Social Services of the State of New York and another, respondents.

Stanley G. Walker, Jr., Philip R. Murray and Robert Lyman for John J. Fahey and another, respondents.

Catherine P. Mitchell, Michael A. O'Connor, Lewis Klee, John C. Gray, Jr., Gretchen Sprague, Marilyn Zahm and George Cownie for Community Action For Legal Services, Inc., and others, amici curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We uphold the practice of the State Department of Social Services, in reckoning the amount of aid to dependent children benefits (AFDC), first to allocate Federal educational grants to the payment of educational and education-related expenses, and in the event of an excess of such expenses then to allocate State and private educational grants to such excess to the extent required, with any remaining...

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