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DWORKIN v. DOMBROWSKI

308 A.D.2d 88 (2003)

761 N.Y.S.2d 245

RITA DWORKIN, Appellant, v. EITAN DOMBROWSKI, Doing Business as PALACE HOME FOR ADULTS, Respondent. (Action No. 1.) MARC GYORI, Appellant, et al., Plaintiff, v. EITAN DOMBROWSKI, Doing Business as PALACE HOME FOR ADULTS, Respondent. (Action No. 2.)

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

June 2, 2003.

Attorney(s) appearing for the Case

Jeffrey Seigel, Islandia (Joseph Gatto of counsel), for appellants.

SMITH, J.P., McGINITY and COZIER, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

Recipients of federal supplemental security income (hereinafter SSI) benefits who are in "residential care" are entitled to a "monthly personal allowance" (Social Services Law § 131-o [1]; § 2 [21]; § 208 [1], [2]; § 209 [1] [b]; 18 NYCRR 398.2, 845.12 [a]). Section 131-o (2) of the Social Services Law states, among other things, that "[a] facility shall not demand, require or contract...

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