Legal Opinion
Viverito v. Smith
District Court, S.D. New York
Decided October 26, 1976No. Civ. A. 76 Civ. 4151PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
Plaintiffs are welfare recipients who challenge 18 N.Y.C.R.R. § 358.8(c)(1) insofar as it permits public assistance benefits to be reduced, terminated or suspended prior to a “fair hearing” decision, when the State Department of Social Services unilaterally determines that the change in aid is based solely on issues of state law or policy. They seek a preliminary injunction against application of this regulation to themselves and members of their class. The motion is granted.
I
Marsha Viverito, a 27 year old mother of two, had been receiving as part of her Aid…
2Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Goldberg v. KellySupreme Court of the United States · 1970
- Checker Motors Corporation v. Chrysler Corporation and Chrysler Motors Corporation, Checker Taxi Company, Inc., Additional on CounterclaimCourt of Appeals for the Second Circuit · 1969
- Almenares v. WymanCourt of Appeals for the Second Circuit · 1971
- Gresham v. ChambersCourt of Appeals for the Second Circuit · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stenson v. BlumDistrict Court, S.D. New York · 1979
- Becker v. ToiaDistrict Court, S.D. New York · 1977
- Bacon v. ToiaDistrict Court, S.D. New York · 1977
- Budnicki v. BealDistrict Court, E.D. Pennsylvania · 1978
- Turner Ex Rel. Turner v. WalshDistrict Court, W.D. Missouri · 1977
4 more not listed; retrieve them via the Exa API.