Legal Opinion
Adkin v. Berger
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 1976No. Proceeding No. 1; Proceeding No. 2PublishedCited by 22 opinions
1Opinion of the CourtMain, J.
Instituted as class actions, these proceedings were brought to challenge the validity of two regulations of the Department of Social Services (18 NYCRR 352.7 [g] [5] and [7]). At all times relevant therein, these regulations provided for advance payments of public assistance to recipients thereof to prevent, respectively, utility shut-offs and evictions for nonpayment of rent, and said advances on future grants were issued at the request of the recipients and upon the condition that they would be recovered by means of equal deductions from the recipients’ subsequent regular assistance grants.
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2Cases cited5 opinions
- Baumes v. LavineNew York Court of Appeals · 1975
- Rivera v. TrimarcoNew York Court of Appeals · 1975
- Borders v. Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1970
- Ross v. SipprellNew York Supreme Court · 1972
- Baumes v. LavineAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by22 opinions
- Davis v. SmithDistrict Court, S.D. New York · 1977
- Barton v. LavineAppellate Division of the Supreme Court of the State of New York · 1976
- MATTER OF ADKIN v. BergerNew York Court of Appeals · 1977
- Sinhogar v. ParryNew York Supreme Court · 1979
- Hagans v. BergerCourt of Appeals for the Second Circuit · 1976
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