New York Court of Appeals
In the Matter of Betty Bernstein v. Philip L. Toia, as…
December 21, 197743 N.Y.2d 437
Summary
The New York Court of Appeals reversed the Appellate Division, upheld the Department of Social Services' regulation fixing maximum shelter allowances, and dismissed the petitioners' challenge. The Court held that the flat‑grant system and the regulation are rational, within legislative intent, and do not violate statutory or constitutional provisions. A dissent argued the regulation conflicts with section 131‑a’s special‑grant requirement.