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McCAIN v. GIULIANI

252 A.D.2d 461 (1998)

676 N.Y.S.2d 151

Yvonne McCain et al., Appellants, v. Rudolph W. Giuliani, as Mayor of The City of New York, et al., Respondents In the Matter of Maria Lamboy, Appellants, v. Marva L. Hammons, as Human Resources Administrator of The City of New York, et al., Respondents Karen Slade et al., Appellants, v. Rudolph W. Giuliani, as Mayor of The City of New York, et al., Respondents

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

July 30, 1998

In 1996, the New York State Department of Social Services (State DSS) promulgated 18 NYCRR 352.35, establishing for the first time eligibility requirements and standards for the provision of temporary shelter and other assistance. The regulation mandated, inter alia, that applicants for temporary shelter cooperate with the agency's assessment of their needs and with the development of an independent living plan. The regulation further provided that applicants who failed...

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