Khrapunskiy v. Doar

Catterson, J. (dissenting).

Because I believe that neither the court below nor the majority may usurp the function of the Legislature to convert an appropriation for a supplement to a federal benefit into a fully-fledged, new state-funded program, I must respectfully dissent.

Until 1996, the plaintiffs in this class of elderly, blind and disabled persons who are lawful residents of New York State but are not American citizens were eligible for federal Supplemental Security Income (hereinafter referred to as SSI) benefits, and consequently were also eligible for an additional state payment (ASP)…