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KHRAPUNSKIY v. DOAR

49 A.D.3d 201 (2008)

852 N.Y.S.2d 40

BORIS KHRAPUNSKIY et al., Respondents, v. ROBERT DOAR, as Commissioner of the New York State Office of Temporary and Disability Assistance, Appellant.

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

January 17, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Oren L. Zeve and Michelle Aronowitz of counsel), for appellant.

Yisroel Shulman, New York Legal Assistance Group, New York City (Constance P. Carden and Irina Matiychenko of counsel); Scott A. Rosenberg, The Legal Aid Society, New York City (Jennifer Baum of counsel); Barbara Weiner, Albany; Weil, Gotshal & Manges, New York City (Richard W. Slack and Idit Froim of counsel), for respondents.

MARLOW and GONZALEZ, JJ., concur with ANDRIAS, J.P.; SWEENY and CATTERSON, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

ANDRIAS, J.P.

The question presented is whether New York State residents, who are lawfully admitted residents of the United States and also elderly, blind or disabled, are entitled to receive public assistance in the amounts defined in Social Services Law § 209 (2) as "the standard of monthly need" or minimum levels deemed necessary by the Legislature for their adequate support. We conclude that they are.

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