Thrower v. Perales

OPINION OF THE COURT

Elliott Wilk, J.

This action challenges defendants’ policy and practice of *173denying Home Relief benefits, Medicaid and food stamps1 to destitute homeless people who reside in emergency shelters. It began as a CPLR article 78 proceeding in which McKenzie Thrower sought to overturn respondents’ decision to deny him this relief.

Vincent Ogle moved (1) for leave to intervene as a party plaintiff; (2) to convert the proceeding to a plenary action pursuant to CPLR 103 and for leave to file an amended complaint; (3) for a preliminary injunction; and (4) to certify a plaintiff class.

T…