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ALVARINO v. WING

261 A.D.2d 255 (1999)

690 N.Y.S.2d 262

GERARDO ALVARINO et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, and VITALIY ANDROSHCHUK et al., Intervenors, v. BRIAN J. WING, as Commissioner of the New York State office of Temporary and Disability Assistance, Respondent.

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

Decided May 20, 1999.

Plaintiffs' argument that they are being denied assistance for reasons unrelated to need in violation of NY Constitution, article XVII, § 1 addresses the manner and level of assistance, not the denial of any assistance, and indeed all but one of the named plaintiffs is currently receiving public assistance. In actuality, the argument is an equal protection claim (see, Matter of Lee v Smith, 43 N.Y.2d 453, 460), to which the...

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