Jiggetts v. Dowling

Andrias, J. (dissenting in part).

Given the Legislature’s “long *183history of protecting children in the home” (Jiggetts v Grinker, 75 NY2d 411, 420 [1990]), the trial court providently exercised its discretion in granting intervention and interim relief in order to prevent the possible evictions of intervenors-plaintiffs, all of whom are recipients of public assistance under the Safety Net Assistance program, “a successor program” within the meaning of the judgment in this case. Accordingly, I respectfully dissent and would modify the orders appealed from only to the extent of vacating the…