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MTR. OF RODRIGUEZ v. PERALES

86 N.Y.2d 361 (1995)

657 N.E.2d 247

633 N.Y.S.2d 252

In the Matter of Yvonne Rodriguez, Appellant, v. Cesar A. Perales, as Social Services Commissioner of the State of New York, Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 14, 1995.

Attorney(s) appearing for the Case

Jill Ann Boskey, New York City, and Wayne G. Hawley for appellant.

Dennis C. Vacco, Attorney-General, New York City (Carol Schechter and Victoria A. Graffeo of counsel), for Cesar A. Perales, respondent.

Chief Judge KAYE and Judges SIMONS, LEVINE and CIPARICK concur with Judge TITONE; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge BELLACOSA concurs.

TITONE, J.

Applicants for Federal Supplemental Security Income (SSI) sometimes experience delays of several months or even years before their entitlement to benefits is determined. To ease the severe financial hardships that these delays may occasion, the local public assistance agencies are authorized to furnish eligible applicants with interim assistance and to recoup the outlay from the recipient's "first...

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