Legal Opinion

Queal v. Perales

New York Supreme Court

Decided December 13, 1984PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward F. McLaughlin, J.

This is an action for declaratory and injunctive relief in which the plaintiff challenges the constitutional validity and application of defendants’ administrative regulation 18 NYCRR 352.29 (h), the so-called “lump sum rule”. Defendant Perales here moves for summary judgment dismissing the action, and the plaintiff has cross-moved for summary judgment on behalf of her dependent child, Heather, age three.

The facts are not in dispute. On or about September 24, 1983, Diana Queal made an initial application for public assistance benefits on behalf of…

2Cases cited29 opinions

  1. King v. SmithSupreme Court of the United States · 1968
  2. Wyman v. JamesSupreme Court of the United States · 1971
  3. People v. RyanNew York Court of Appeals · 1937
  4. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  5. Tucker v. ToiaNew York Court of Appeals · 1977

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3Cited by2 opinions

  1. Porter v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1987
  2. Queal v. PeralesAppellate Division of the Supreme Court of the State of New York · 1986

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