Legal Opinion

Ballentine v. Sugarman

New York Supreme Court

Decided May 1, 1973PublishedCited by 6 opinions

1Opinion of the CourtSamuel J. Silverman, J.

These two article 78 proceedings will be considered together.

Petitioners in both proceedings attack section 164 of the Social Services Law (the “work relief” statute) as amended in 1971, and the actions of the State and New York City officers and agencies under it.

*268By order of Mr. Justice Culkif, the proceedings have heen dismissed as against the State agencies and officials; and he declared that petitioners were not required to exhaust their administrative remedies (including a “fair hearing ” before the State Department of Social Services) as a precondition to these proceedings.

The basic…

2Cases cited4 opinions

  1. United States v. David I. ShackneyCourt of Appeals for the Second Circuit · 1964
  2. Social Investigator Eligibles Ass'n v. TaylorNew York Court of Appeals · 1935
  3. Dublino v. New York State Department of Social ServicesDistrict Court, W.D. New York · 1972
  4. Matter of Danker v. Dept. of HealthNew York Court of Appeals · 1935

3Cited by6 opinions

  1. Carritue v. BeameNew York Supreme Court · 1976
  2. Papa v. RavoAppellate Division of the Supreme Court of the State of New York · 1979
  3. Brukhman v. GiulianiAppellate Division of the Supreme Court of the State of New York · 1998
  4. Gotbaum v. SugarmanNew York Supreme Court · 1974
  5. Rosenthal v. City of New YorkNew York Supreme Court · 2003

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