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FRANKLIN v. N.J. DEPT. OF HUMAN SERV.

225 N.J. Super. 504 (1988)

543 A.2d 56

JOHNNIE FRANKLIN, ET AL., APPELLANTS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, RESPONDENT. JANET MCCURDY, ET AL., APPELLANTS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 1988.

Attorney(s) appearing for the Case

Nancy Goldhill argued the cause for appellants Johnnie Franklin, et al. (Legal Services of New Jersey, Angelica Anaya-Allen and Peggy Earisman, Passaic County Legal Aid Society, Olga Bradford, Camden Regional Legal Services, Ken Goldman, Cape-Atlantic Legal Services, Theodore Gardner, Hudson County Legal Services, Connie Pascale, Ocean-Monmouth Legal Services, Joyce Helfman, Middlesex County Legal Services, and Richard Foard, III, Essex-Newark Legal Services, attorneys; J. Harris David, Melville D. Miller, Jr. and Nancy Goldhill, on the brief).

David G. Sciarra, Assistant Deputy Public Advocate, argued the cause for appellants Janet McCurdy, et al. (Alfred A. Slocum, Public Advocate, attorney; Richard E. Shapiro, Director, Division of Public Interest Advocacy, and David G. Sciarra, of counsel and on the brief).

Deborah T. Poritz, Assistant Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel and Dennis J. Conklin, Deputy Attorney General, on the brief).

Before Judges PRESSLER, BILDER and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.A.D.

These appeals challenge the validity of N.J.A.C. 10:82-5.10(d)(1)(vii), which places a five month limit on the period a recipient of Aid to Families with Dependent Children (AFDC) can receive emergency shelter assistance. One appeal was filed by the Public Advocate on behalf of himself and twelve recipients of AFDC, who alleged that the impending termination of their emergency shelter assistance would...

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