Bernstein v. Toia

*260OPINION OF THE COURT

Alfred M. Ascione, J.

Motions under calendar numbers 133 of October 8, 1976 and 178 of October 15, 1976 are consolidated for disposition.

By this article 78 proceeding, the three petitioners, who are recipients of public assistance, seek to have declared invalid 18 NYCRR 352.3 (a), which in its present form, effective October 1, 1975, establishes a maximum allowance for shelter for persons on public assistance, according to county of residence and family size. Petitioners seek to maintain this proceeding as a class action on behalf of all persons receiving or eligible to…