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SOJOURNER A. EX REL. Y.A. v. DEPT. OF HUMAN SERV.

794 A.2d 822 (2002)

350 N.J. Super. 152

SOJOURNER A., on her own behalf and as guardian ad litem for her infant Y.A.; and Angela B., on her own behalf and as guardian ad litem for her infant W.B., Plaintiffs-Appellants, and Rosa C., on her own behalf and as guardian ad litem for her infant Y.C.; and Crystal D., on her own behalf and as guardian ad litem for her infant X.D., on behalf of themselves and all others similarly situated, Plaintiffs, v. The NEW JERSEY DEPARTMENT OF HUMAN SERVICES and William Waldman, Commissioner of the New Jersey Department of Human Services, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 2002.

Attorney(s) appearing for the Case

Sherry Leiwant argued the cause for appellants (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, attorneys; Lawrence S. Lustberg and Risa E. Kaufman, on the brief; John E. Salyer, American Civil Liberties Union of New Jersey Foundation, on the brief; Martha F. Davis, Sherry Leiwant, and Spenta Cama, Now Legal Defense and Education Fund, on the brief; and Lenora Lapidus, Women's Rights Project, American Civil Liberties Union, on the brief).

Dennis J. Conklin, Senior Deputy Attorney General, argued the cause for respondents; (David Samson, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Conklin, on the brief).

Before Judges KING, WECKER and WINKELSTEIN.

The opinion of the court was delivered by WINKELSTEIN, J.A.D.

Plaintiffs Sojourner A. and Angela B. appeal the trial court's summary judgment order in favor of the New Jersey Department of Human Services and its Commissioner, William Waldman (State), declaring constitutional the provision of the New Jersey welfare statute commonly referred to as the "family cap," N.J.S.A. 44:10-61, which bars additional cash benefits...

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