Jiggetts v. Dowling

• Citation: 689 N.Y.S.2d 482,261 A.D.2d 144
• Parties: BARBARA JIGGETTS et al., Respondents, and MILAGROS ALICEA et al., Intervenors-Plaintiffs,<BR>v.<BR>MICHAEL DOWLING, as Social Services Commissioner of the State of New York, Appellant, et al., Defendants, 1711 DAVIDSON AVENUE HDFC et al., Intervenors-Defendants.
• Decision Date: 06 May 1999
• Court: New York Supreme Court Appellate Division

261 A.D.2d 144

689 N.Y.S.2d 482

BARBARA JIGGETTS et al., Respondents, and MILAGROS ALICEA et al., Intervenors-Plaintiffs,

v.MICHAEL DOWLING, as Social Services Commissioner of the State of New York, Appellant, et al., Defendants, 1711 DAVIDSON AVENUE HDFC et al., Intervenors-Defendants.

Decided May 6, 1999.

Concur — Sullivan, J. P., Rosenberger, Tom and Wallach, JJ.

According the trial court's findings of fact appropriate deference (see, Thoreson v Penthouse Intl., 80 NY2d 490, 495), 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 NY2d 411, 417). We have considered appellant's remaining claims and find them to be unpersuasive.