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VIVERITO v. SMITH

No. 76 Civ. 4151.

474 F.Supp. 1122 (1979)

Marsha VIVERITO, Individually and on behalf of her minor children Adam and Jason, and on behalf of all others similarly situated, Plaintiffs, and Margarita Franciscovitch, Individually and on behalf of her minor child Linda, William Banister, and Joanne Agoglia, Individually and on behalf of her minor children Desiree and Christopher, and on behalf of all others similarly situated, Plaintiffs-Intervenors, v. J. Henry SMITH, Individually and as Commissioner of the New York City Department of Social Services, and Philip L. Toia, Individually and as Commissioner of the New York State Department of Social Services, Defendants.

United States District Court, S. D. New York.

July 6, 1979.

Attorney(s) appearing for the Case

Kalman Finkel, Civ. Div., The Legal Aid Society, John E. Kirklin, Constance P. Carden, The Legal Aid Society, Civ. Appeals & Law Reform Unit, New York City, Joan Mangones, Marshall W. Green and David Goldfarb, Staten Island, N. Y., of counsel, The Legal Aid Society, for plaintiffs.

Allen G. Schwartz, Corp. Counsel, New York City, for City defendants; Joseph Bruno, George Gutwirth, New York City, of counsel.

Robert Abrams, Atty. Gen., New York City, for defendant Philip L. Toia; Ellen Marks, Asst. Atty. Gen., New York City, of counsel.

LASKER, District Judge.

Among other forms of public assistance, New York State provides aid in the form of shelter allowance to all persons who fall within a certain category of need. N.Y.Soc. Serv.Law § 131-a (McKinney 1976) In August of 1976, in an attempt to distribute limited funds more broadly, New York's Department of Social Services revised its regulations governing shelter allowance to abandon its previous method of allocation based on individual need...

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