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MARK G. v. SABOL

247 A.D.2d 15 (1998)

677 N.Y.S.2d 292

Mark G. et al., Appellants-Respondents, v. Barbara J. Sabol, Individually and as Administrator of The New York City Human Resources Administration and as Social Services Commissioner of The City of New York, et al., Respondents-Appellants Martin A. et al., Appellants-Respondents, v. Barbara J. Sabol, Individually and as Administrator of The New York City Human Resources Administration and as Social Services Commissioner of The City of New York, et al., Respondents-Appellants Dakinya B. et al., Appellants-Respondents, v. Barbara J. Sabol, Individually and as Administrator of The New York City Human Resources Administration and as Social Services Commissioner of The City of New York, et al., Respondents-Appellants Frances F. et al., Appellants-Respondents, v. Barbara J. Sabol, Individually and as Administrator of The New York City Human Resources Administration and as Social Services Commissioner of The City of New York, et al., Respondents-Appellants

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

June 23, 1998

Attorney(s) appearing for the Case

Mark G. Peters of counsel (Martha Stone, Marcia Robinson Lowry, David Rivkin, Robert Goodman and Robert H. Hotz, Jr., on the brief, Children's Rights, Inc., and Debevoise & Plimpton, attorneys), for appellants-respondents.

Fay Ng of counsel (Pamela Seider Dolgow on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for respondents-appellants.

SULLIVAN, J. P., and MILONAS, J., concur with ANDRIAS, J.; RUBIN and WILLIAMS, JJ., dissent in part in a separate opinion by WILLIAMS, J.

ANDRIAS, J.

The principal issue presented is the effect of Federal funding statutes on State social services programs and whether the acceptance by the States of such funding creates an individual right enforceable pursuant to the Civil Rights Act of 1881 as codified in 42 USC § 1983 for parties aggrieved by failures in such State programs. The answer varies from...

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