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Ross v. Sipprell

In the Matter of Juanita Ross, on Behalf of Herself, Her Minor Children and All Other Persons Similarly Situated v. George G. Sipprell, as Commissioner of the Erie County Department of Social Services

Ross v. Sipprell, 71 Misc. 2d 677 (N.Y. Sup. Ct. 1972)
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Court
New York Supreme Court · State Trial Courts
Decided
October 2, 1972
Judges
James, Moore
Citations
71 Misc. 2d 677336 N.Y.S.2d 8611972 N.Y. Misc. LEXIS 1518
Cited by 9

Opinion of the Court — Jamesmoore

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James 0. Moore, J.

On two occasions this court has held that section 350-j of the Social Services Law mandates the granting of emergency assistance to needy families with children, rendered destitute by a burglary of household furnishings and clothing. (Matter of Thomas v. Sipprell, 69 Misc 2d 87 ; Ahmad v. Sipprell , April 30, 1972, unreported; see, also, Matter of Lawson v. Shuart, 67 Misc 2d 98 ; Young v. Shuart, 67 Misc 2d 689 , affd. 39 A D 2d 724 [2d Dept.].)

In the instant proceeding (CPLB art. 78) all of the allegations of the petition, including the burglary and the destitution, stand admitted, and the respondent Sipprell relies on a regulation which provides in effect that an application for emergency assistance will not even be entertained in the event it is occasioned by theft. (18 NYCBB 372.2[c].) The application of such an administrative standard without regard to the facts and circumstances of the case is arbitrary and hence invalid.

The adherence of the respondent Sipprell to the policy embodied in the afore-mentioned regulation in the face of the previous determinations of this court warrants the maintenance of the above-entitled proceeding asa“ class action ”. (Young v. Shuart, 67 Misc 2d 689 , affd. 39 A D 2d 724, supra.) Accordingly, the relief sought in the petition is granted as to the respondent Sipprell.

The petition is dismissed as to the respondent Lavine since no act or failure to act is alleged as to this respondent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1973: 41974: 21975: 11976: 219732026peak 1973 · 4

Relies on it most ⓘ

  1. Baumes v. Lavine342 N.E.2d 543 (N.Y. 1975)
  2. Adkin v. Berger50 A.D.2d 459 (1976)
  3. Cisco v. Lavine72 Misc. 2d 1009 (N.Y. Sup. Ct. 1973)
  4. Norton v. Lavine74 Misc. 2d 590 (N.Y. Sup. Ct. 1973)
  5. Gaillard v. Lavine51 A.D.2d 181 (1976)
  6. Baumes v. Lavine74 Misc. 2d 1046 (N.Y. Sup. Ct. 1973)

Most recent

  1. Gaillard v. Lavine51 A.D.2d 181 (1976)
  2. Adkin v. Berger50 A.D.2d 459 (1976)
  3. Baumes v. Lavine342 N.E.2d 543 (N.Y. 1975)
  4. Monta v. Broome County Department of Social Services80 Misc. 2d 272 (N.Y. Sup. Ct. 1974)
  5. Knudsen v. Nassau County Department of Social Services77 Misc. 2d 402 (N.Y. Sup. Ct. 1974)
  6. Baumes v. Lavine74 Misc. 2d 1046 (N.Y. Sup. Ct. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Young v. Shuart, 67 Misc. 2d 689 (N.Y. Sup. Ct. 1971) 37
Thomas v. Sipprell, 69 Misc. 2d 87 (N.Y. Sup. Ct. 1972) 6
Lawson v. Shuart, 67 Misc. 2d 98 (N.Y. Sup. Ct. 1971) 15

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