Deleo v. Kaladjian

—In an action, inter alia, for a judgment declaring that the shelter allowances granted to the plaintiffs by the defendants violated the plaintiffs’ constitutional rights, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Cowhey, J.), dated October 13, 1993, which granted the defendants’ motion pursuant *521to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action, and dismissed the complaint.

Ordered that the order and judgment is modified by adding thereto a provision declaring that the shelter allowance did not…