Jiggetts v. Dowling

• Decision Date: 06 May 1999
• Citation: 261 A.D.2d 144,689 N.Y.S.2d 482
• Parties: 1999 N.Y. Slip Op. 4003 Barbara JIGGETTS, et al., Plaintiffs-Respondents, and Milagros Alicea, et al., Plaintiffs-Intervenors, v. Michael DOWLING, etc., Defendant-Appellant, and Ocean Park Company, et al., Defendants, 1711 Davidson Avenue HDFC, et al., Defendants-Intervenors. The Community Service Society of New York, et al., Amici Curiae.
• Court: New York Supreme Court — Appellate Division

Page 482

689 N.Y.S.2d 482

1999 N.Y. Slip Op. 4003

Barbara JIGGETTS, et al., Plaintiffs-Respondents, and Milagros Alicea, et al., Plaintiffs-Intervenors, v. Michael DOWLING, etc., Defendant-Appellant, and Ocean Park Company, et al., Defendants, 1711 Davidson Avenue HDFC, et al., Defendants-Intervenors. The Community Service Society of New York, et al., Amici Curiae.

Supreme Court, Appellate Division, First Department, New York.

May 6, 1999.

Susan C. Bahn, for Plaintiffs-Respondents.

Michael S. Belohlavek, for Defendant-Appellant.

James D. Liss, for Amici Curiae.

SULLIVAN, J.P., ROSENBERGER, TOM and WALLACH, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered September 5, 1997, which, inter alia, declared that the shelter allowance for New York City recipients of Aid to Families with Dependent Children ("AFDC") is contrary to law because not reasonably related to the cost of housing in New York City, unanimously affirmed, without costs.

According the trial court's findings of fact appropriate deference (see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495, 591 N.Y.S.2d 978, 606 N.E.2d 1369), a fair interpretation of the evidence supports its findings that the shelter allowance schedule for AFDC recipients living in New York City bears no reasonable relation to the cost of housing in the City, and that there is a direct correlation between the inadequate shelter allowances and homelessness. As such, defendant State Commissioner failed to discharge his statutory duty under Social Services Law § 350(1)(a) to provide for "adequate" shelter allowances so as to prevent large numbers of AFDC families from becoming homeless (see, Jiggetts v. Grinker, 75 N.Y.2d 411, 417, 554 N.Y.S.2d 92, 553 N.E.2d 570). We have considered appellant's remaining claims and find them to be unpersuasive.