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ALVARINO v. WING

179 Misc.2d 347 (1998)

684 N.Y.S.2d 845

Gerardo Alvarino et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Brian Wing, as Commissioner of the New York State Office of Temporary and Disability Assistance, Defendant.

Supreme Court, New York County.

December 21, 1998

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Helen Barnett, Scott A. Rosenberg and Kwan-Hui Helen Lee of counsel), for plaintiffs. Dennis C. Vacco, Attorney-General, New York City (George Alvarez of counsel), for defendant.

HAROLD TOMPKINS, J.

The constitutionality of Social Services Law § 95 (10) (b), which provides State-funded food assistance to some but not all of the lawful permanent residents who, prior to August 22, 1996, were eligible for food stamps, is the issue before this court. It arises in the context of a motion to enjoin the implementation of Social Services Law § 95 (10) (b), which, in pertinent part...

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