Elms v. Lavine

This in an article 78 proceeding in which the petitioner ‘ ‘ requests this court to declare the Emergency Assistance for Adults regulations of Respondent Lavine to be invalid insofar as they exclude petitioner from receipt of emergency assistance and to order respondents to forthwith give to petitioner emergency assistance so that she can buy food and other essentials of life.”

Pursuant to CPLR 7804 (subd. [f]) both respondents raise objections in point of law to the petition.

In support of his position, Commissioner Lavine claims that since the petitioner is a recipient of SSI benefits she is…