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MITCHELL v. BARRIOS-PAOLI

253 A.D.2d 281 (1999)

687 N.Y.S.2d 319

Marie Mitchell et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Lilliam Barrios-Paoli, as Commissioner of The New York City Human Resources Administration, et al., Appellants

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

March 23, 1999

Attorney(s) appearing for the Case

Elisabeth Benjamin of counsel, New York City (Katie Kelleher, Steven Godeski, Richard Blum and Eva Landeo on the brief; Helaine Barnett, Steven Banks, Legal Aid Society; Janet Sabel, Emma Hunt, Scott Rosenberg; Marshall Green, and Colin Bull, attorneys), for respondents.

Alan G. Krams of counsel, New York City (Marilyn Richter, Kristin M. Helmers and Martha Mann Alfaro on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for municipal appellant.

Lyssa M. Sampson of counsel, New York City (Thomas D. Hughes on the brief; Dennis C. Vacco, Attorney-General of the State of New York, attorney), for State appellant.

WILLIAMS, MAZZARELLI and SAXE, JJ., concur.

ROSENBERGER, J. P.

The instant class action was brought by public assistance recipients who have been classified as "employable with limitations" (E-II) due to medical problems and who have been assigned to the City's mandatory Work Experience Program (WEP) as a condition of receiving benefits. Plaintiffs allege that the City habitually assigns E-II WEP participants to job assignments incompatible with their...

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