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MATTER OF MELENDEZ v. WING

8 N.Y.3d 598 (2007)

869 N.E.2d 646

838 N.Y.S.2d 470

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

Court of Appeals of the State of New York.

Decided June 7, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Oren L. Zeve, Barbara D. Underwood and Michael S. Belohlavek of counsel), for appellant.

Housing Works, Inc., New York City (Armen H. Merjian of counsel), for Zoraida Melendez, respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to decide whether section 131-c (1) of the Social Services Law excludes minors who receive federal supplemental security income (SSI) from the family group for purposes of determining eligibility for and the level of public assistance. For the reasons that follow, we conclude that it does. We further decide that the Legislature superseded this requirement...

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