Legal Opinion
Bernstein v. Toia
New York Court of Appeals
Decided December 21, 1977PublishedCited by 138 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
We find no sufficient basis to disturb a regulation adopted by the Department of Social Services that fixes maximum shelter allowances for recipients of public assistance without at the same time making provision for exceptions due to circumstances peculiar to individual recipients. The flat grant concept in the administration of shelter allowances is neither unconstitutional nor in conflict with section 131-a of the Social Services Law.
Section 131-a of the Social Services Law contains the basic legislative authorization for monthly grants and allowances of public…
2Cases cited9 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Rosado v. WymanSupreme Court of the United States · 1970
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Howard v. WymanNew York Court of Appeals · 1971
- Richardson v. BelcherSupreme Court of the United States · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
- Board of Education v. NyquistNew York Court of Appeals · 1982
- General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004
- Jiggetts v. GrinkerNew York Court of Appeals · 1990
- Moore v. GanimSupreme Court of Connecticut · 1995
133 more not listed; retrieve them via the Exa API.