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MATTER OF RODRIGUEZ v. WING

94 N.Y.2d 192 (1999)

723 N.E.2d 77

701 N.Y.S.2d 328

In the Matter of ELIAS RODRIGUEZ, Appellant, v. BRIAN J. WING, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Westchester/Putnam Legal Services, White Plains (Michael D. Hampden of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Mark Gimpel, Preeta D. Bansal and Edward Johnson of counsel), for Brian J. Wing, respondent.

Alan D. Scheinkman, County Attorney of Westchester County, White Plains (Marguerite R. Wiess and Stacey Dolgin-Kmetz of counsel), for Kevin P. Mahon, respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT Concur.

OPINION OF THE COURT

LEVINE, J.

Respondent Commissioner of the Westchester County Department of Social Services (DSS) contracted with a private non-profit agency to provide shelter for petitioner Elias Rodriguez, a homeless person who is permanently disabled by mental illness. As a condition of continued receipt of that housing assistance, DSS required petitioner to use a portion of his Federal disability...

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