Legal Opinion

MATTER OF LEE v. Smith

New York Court of Appeals

Decided December 21, 1977PublishedCited by 44 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

On this appeal we are asked to consider the constitutionality of section 2 of chapter 1080 of the Laws of 1974 (now part of Social Services Law, § 158, subd [a]) which effectively provides, in many cases, that the aged, disabled and blind are *457entitled to less public assistance than other needy persons. The Supreme Court, New York County, and the Appellate Division, First Department, have held that the statute violates the petitioners’ rights to equal protection as well as section 1 of article XVII of the State Constitution which requires the State to provide…

2Cases cited6 opinions

  1. United States Department of Agriculture v. MorenoSupreme Court of the United States · 1973
  2. Jefferson v. HackneySupreme Court of the United States · 1972
  3. Bernstein v. ToiaNew York Court of Appeals · 1977
  4. Tucker v. ToiaNew York Court of Appeals · 1977
  5. Padilla v. WymanNew York Court of Appeals · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. State, Department of Health & Social Services v. Planned Parenthood of Alaska, Inc.Alaska Supreme Court · 2001
  2. Calkins v. BlumDistrict Court, N.D. New York · 1981
  3. McCain v. KochAppellate Division of the Supreme Court of the State of New York · 1986
  4. Henrietta D. v. GiulianiDistrict Court, E.D. New York · 2000
  5. Lovelace v. GrossNew York Court of Appeals · 1992

39 more not listed; retrieve them via the Exa API.

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