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MATTER OF BROWN v. WING

170 Misc.2d 554 (1996)

649 N.Y.S.2d 988

In the Matter of Douglas Brown et al., Individually and on Behalf of All Others Similarly Situated, Petitioners, v. Brian Wing, as Acting Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Monroe County.

October 18, 1996

Attorney(s) appearing for the Case

Greater Upstate Law Project, Inc., Albany (Susan Antos of counsel), Center of Social Welfare Policy & Law, New York City (Chris Lamb of counsel), and Public Interest Law Office of Rochester (Susan Ann Silverstein and Bryan D. Hetherington of counsel), for petitioners. Dennis C. Vacco, Attorney-General, Rochester (Mary H. Doyle of counsel), for Brian Wing, respondent. John Park, County Attorney, Canandaigua (Charles R. Peters of counsel), for Gary Fritz, as Commissioner of Ontario County Department of Social Services, respondent. Frank Fisher, Waterloo, for Charles Schillaci, as Commissioner of Seneca County Department of Social Services, respondent.

ANDREW V. SIRACUSE, J.

This combined CPLR article 78 proceeding and declaratory judgment action was commenced by petition, like a conventional article 78 proceeding. Petitioners recently moved to New York State from Florida and Puerto Rico respectively, and found themselves in straitened circumstances. They applied for Home Relief, the New York State program that provides public assistance to those ineligible...

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