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RAM v. BLUM

77 A.D.2d 278 (1980)

RAM, by Its Executive Director Theresa Funiciello, on Behalf of Its Members and All Others Similarly Situated, et al., Appellants, v. Barbara B. Blum, Individually and as Commissioner of The New York State Department of Social Services, Respondent

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

November 13, 1980

Attorney(s) appearing for the Case

Ralph Murphy, Michael D. Kaufman, Cynthia Mann, John C. Gray, Jr. and Yvonne Lewis for appellants.

Marvellen Weinberg of counsel (George D. Zuckerman with her on the brief; Robert Abrams, Attorney-General, attorney), for respondent.

YESAWICH, J. concurs with ROSS, J.; FEIN, J.P. and SANDLER, J., concur in separate opinions and CARRO, J., dissents in an opinion.

ROSS, J.

I would affirm the judgment appealed from. We are invited to intervene in a domain which is the exclusive responsibility of the Legislature. We decline. The Constitution of the State of New York grants to the Legislature the authority to establish the public assistance formula for this State. Section 1 of article XVII provides: "The aid, care and support of the needy are public concerns and shall be...

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