Melendez v. Wing

OPINION OF THE COURT

Sweeny, J.

We are asked to determine whether the emergency shelter allowance as promulgated by 18 NYCRR 397.11 is a separate entitlement outside the definition of public assistance. For the reasons stated herein, we find that it is not.

Petitioner has clinical/symptomatic HIV and resides with her husband and three children in the Bronx. She receives public assistance benefits including an emergency shelter allowance for persons with AIDS or HIV-related illness. Her seven-year-old daughter has epilepsy and receives supplemental security income (SSI) benefits. These amounts…