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JIGGETTS v. DOWLING

21 A.D.3d 178 (2005)

799 N.Y.S.2d 460

BARBARA JIGGETTS et al., Respondents, and IRAIDA CUEVAS et al., Intervenors-Respondents, v. MICHAEL DOWLING, as Commissioner of the New York State Department of Social Services, Appellant, et al., Intervenors-Defendants.

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

July 21, 2005.

Attorney(s) appearing for the Case

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

Steven Banks, The Legal Aid Society, New York City (Scott A. Rosenberg and Richard Blum of counsel), Emily Ruben, Brooklyn Neighborhood Office (Susan C. Bahn of counsel), Marshall Green, Bronx Neighborhood Office (Allison Baker of counsel), Marie Richardson, Lower Manhattan Neighborhood Office (Jack Stoller of counsel), Adriene Holder, Greater Harlem Neighborhood Office (Allyson Sackey of counsel), David W. Weschler, Community Law Offices (Elizabeth Maris of counsel), and April Newbauer, Queens Neighborhood Office (Kyla Ratliff of counsel), for respondents.

Community Service Society of New York, New York City (Juan Cartagena and Risa E. Kaufman of counsel), for Community Service Society and others, amici curiae.

MAZZARELLI and NARDELLI, JJ., concur with BUCKLEY, P.J.; ANDRIAS and SAXE, JJ., dissent in part in an opinion by ANDRIAS, J.

OPINION OF THE COURT

BUCKLEY, P.J.

The proposed intervenors seek to resuscitate an expired action, already tried to final judgment, and to metamorphose it into an entirely new matter, entailing different facts, subsequently enacted statutes, and novel legal theories.

This class action for declaratory judgment and injunctive relief was commenced in 1987, on behalf of recipients of public assistance...

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