RICE v. PERALES


156 Misc.2d 631 (1993)

594 N.Y.S.2d 962

Larry Rice et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Defendants.

Supreme Court, Monroe County.

January 15, 1993


Attorney(s) appearing for the Case

Chemung County Neighborhood Legal Services Inc., Elmira (Bridgit Burke of counsel), for Larry Rice and another, plaintiffs. North Country Legal Services Inc., Plattsburgh (Susan Madden of counsel), for Sally Elmer and another, plaintiffs. Legal Assistance of the Finger Lakes, Geneva (Martha Roberts of counsel), for Kathleen Privitera and another, plaintiffs. Neighborhood Legal Services, Ithaca (Betsy Wohl of counsel), for Michael Bell and another, plaintiffs. Robert Abrams, Attorney-General, Rochester (Charles Steinman of counsel), for Cesar Perales, defendant. Ranson P. Reynolds, Jr., County Attorney of Chemung County, Elmira (Kevin Moshier of counsel), for David Clovsky, as Commissioner of the Chemung County Department of Social Services, defendant. Jonathan C. Wool, Malone, for Orra A. Langdon, as Commissioner of the Franklin County Department of Social Services, defendant. Gary Lee Bennett, Lyons, for Rita B. Otterbein, as Commissioner of the Wayne County Department of Social Services, defendant. John Kelleher, Ithaca, for Mary P. Dolan, as Commissioner of the Tompkins County Department of Social Services, defendant.


ANDREW V. SIRACUSE, J.

The plaintiffs in this declaratory judgment action seek to invalidate a change in the way New York State Home Relief benefits are calculated for "mixed households" in which one member receives Supplemental Security Income. By permission and consent the plaintiffs' motion for a preliminary injunction was converted into a motion for summary judgment and the defendants' answer treated as...

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