MATTER OF MELENDEZ v. WING


21 A.D.3d 129 (2005)

797 N.Y.S.2d 54

In the Matter of ZORAIDA MELENDEZ, Appellant, v. BRIAN J. WING, as Commissioner of the State of New York Office of Temporary and Disability Assistance, et al., Respondents.

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

June 16, 2005.


Attorney(s) appearing for the Case

Housing Works, Inc., New York City (Jennifer Sinton and Armen H. Merjian of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Oren L. Zeve and Michael S. Belohlavek of counsel), for state respondent.

MAZZARELLI, J.P., ANDRILAS, FRIEDMAN and MARLOW, JJ., concur.


OPINION OF THE COURT

SWEENY, J.

We are asked to determine whether the emergency shelter allowance as promulgated by 18 NYCRR 397.11 is a separate entitlement outside the definition of public assistance. For the reasons stated herein, we find that it is not.

Petitioner has clinical/symptomatic HIV and resides with her husband and three children in the Bronx. She receives public assistance benefits...

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