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TEYTELMAN v. WING

2 Misc.3d 608 (2003)

773 N.Y.S.2d 801

YANKEL TEYTELMAN et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. BRIAN J. WING, as Commissioner of the New York State Office of Temporary and Disability Assistance, Defendant.

Supreme Court, New York County.

December 8, 2003.

Attorney(s) appearing for the Case

Legal Aid Society (Jennifer Baum of counsel), for plaintiffs.

Eliot Spitzer, Attorney General (Vincent Leong and Robert Kraft of counsel), for defendant.

OPINION OF THE COURT

MARYLIN G. DIAMOND, J.

In this action, plaintiffs challenge the constitutionality of Social Services Law § 95 (10) (b) (ii), (iv) and (v), provisions which set forth eligibility requirements for participation in a state-funded food assistance program which has been established for the benefit of lawful permanent residents and qualified aliens who are denied access under federal law...

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