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BROWNLEY v. DOAR

12 N.Y.3d 33 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

DORIS BROWNLEY et al., on Behalf of Themselves and Their Minor Children and Others Similarly Situated, Appellants, v. ROBERT DOAR, as Commissioner of the New York State Office of Temporary and Disability Assistance, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided February 17, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Scott A. Rosenberg, Steven Banks, Susan C. Bahn, Nada A. Geha, Gretchen A. Gonzalez, Young W. Lee, Sarah Mathison, Jack Newton, Jennifer Quintana and Douglass J. Seidman of counsel), Weil, Gotshal & Manges LLP (Scott Martin and Robert T. Polemeni of counsel) for appellants.

Andrew M. Cuomo, Attorney General, New York City (Oren L. Zeve, Barbara D. Underwood and Peter Karanjia of counsel), for respondent.

National Center for Law and Economic Justice, Inc., New York City (Henry A. Freedman and Lynn D. Lu of counsel), for Community Service Society of New York and others, amici curiae.

Concur: Judges CIPARICK, READ, SMITH, PIGOTT and JONES, Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In New York, eligible individuals with dependent children may receive public assistance for housing costs for up to 60 months under the Family Assistance (FA) program, which is jointly funded by the state and federal governments. Social Services Law § 350 specifies that aid provided under the FA program must be "adequate" to provide the family with a home (see Jiggetts v Grinker, 75 N.Y.2d 411...

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