Legal Opinion

Mark G. v. Sabol

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

Decided June 23, 1998PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Andrias, J.

The principal issue presented is the effect of Federal funding statutes on State social services programs and whether the acceptance by the States of such funding creates an individual right enforceable pursuant to the Civil Rights Act of 1881 as *19codified in 42 USC § 1983 for parties aggrieved by failures in such State programs. The answer varies from statute to statute and must be determined by the specific provisions of each statute. All of these statutes are intended to benefit the recipients of the State social services. The determinative question, however,…

2Cases cited36 opinions

  1. Daniels v. WilliamsSupreme Court of the United States · 1986
  2. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  3. Davidson v. CannonSupreme Court of the United States · 1986
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
  5. Blessing v. FreestoneSupreme Court of the United States · 1997

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3Cited by11 opinions

  1. Pendleton v. StateCourt of Appeals of Maryland · 2007
  2. Jones v. NickensDistrict Court, E.D. New York · 2013
  3. Omiatek v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Jones v. County of SuffolkDistrict Court, E.D. New York · 2017
  5. Smith v. BunkleySuperior Court of Delaware · 2016

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