Legal Opinion

Kelly v. Bane

Appellate Division of the Supreme Court of the State of New York

Decided July 22, 1993PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Ellerin, J.

Plaintiffs-respondents and plaintiffs-intervenors-respondents are low-income families and individuals facing eviction and homelessness as a result of rent arrears. Plaintiffs commenced this combined declaratory judgment and CPLR article 78 proceeding against the Commissioner of the New York State Department of Social Services (DSS) seeking, inter alia, a declaration that an amendment to the regulations governing the "Emergency Home Relief’ (EHR) program (18 NYCRR 370.3 [b] [2]), which disqualified households with gross income in excess of 125% of the Federal…

2Cases cited5 opinions

  1. Bernstein v. ToiaNew York Court of Appeals · 1977
  2. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  3. Johnson v. JoyNew York Court of Appeals · 1979
  4. Martin v. LavineNew York Court of Appeals · 1976
  5. Rosenkrantz v. McMickensAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. Non-Emergency Transporters of New York, Inc. v. HammonsAppellate Division of the Supreme Court of the State of New York · 1998
  2. Varshavsky v. PeralesAppellate Division of the Supreme Court of the State of New York · 1994
  3. City of New York v. WrightAppellate Terms of the Supreme Court of New York · 1994
  4. Grimes v. DowlingAppellate Division of the Supreme Court of the State of New York · 1996
  5. Wortzman v. KaladjianAppellate Division of the Supreme Court of the State of New York · 1994

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