Padilla v. Wyman

312 N.E.2d 149, 34 N.Y.2d 36, 356 N.Y.S.2d 3, 1974 N.Y. LEXIS 1600
CourtNew York Court of Appeals
DecidedMay 8, 1974
StatusPublished
Cited by19 cases

This text of 312 N.E.2d 149 (Padilla v. Wyman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Padilla v. Wyman, 312 N.E.2d 149, 34 N.Y.2d 36, 356 N.Y.S.2d 3, 1974 N.Y. LEXIS 1600 (N.Y. 1974).

Opinion

Jones, J.

Petitioner challenges the constitutionality, under the equal protection clause, of provisions of statute, State regu[39]*39lation and local policy statement which taken together make the amount received by a recipient of old age assistance depend to some extent on the size and composition of the family unit with which she resides.

Prior to'August 1,1971, petitioner, a recipient of public assistance under the Old Age Assistance program, lived alone in her apartment. Under the provisions of subdivision 3 of section 131-a of the Social Services Law, in addition to her grant for rent, as the member of a one-person household, she received a monthly allowance of $84 for basic needs (her so-called “ preadded allowance ”) (also 18 NYCRR 352.2 [d]). Following hospitalization for a stroke, on August 2 petitioner moved into the apartment occupied by her daughter and her granddaughter, both of whom were themselves recipients of public assistance under the Aid to Families with Dependent Children program. Pursuant to the provisions of subdivision 3 of section 131-a and regulation 352.2 ([e] [1]), petitioner’s grant for basic needs was then reduced to $60 a month in accordance with the calculations set forth in the department’s “ Table for Cooperative Budgeting ”.

The reduction in grant was first upheld in a determination made by the State Commissioner of Social Services following a fair hearing sought by petitioner. The Appellate Division then confirmed the State Commissioner’s determination. The case is now before us on asserted constitutional grounds (CPLR 5601, subd. [b], par. 1).

Petitioner’s challenge to the reduction in her grant is twofold. First, she contests the principle of reduction in the amount of per capita assistance to recipients in multiperson households. Second, she asserts that, even if reduction in consequence of numbers of persons in the household were to be sustained, it is impermissible for the amount of the per capita grant to vary further according to the status of the other members of the household. Thus, she asserts that there would have been no reduction in the amount of her grant if, instead of joining her daughter and granddaughter who were on public assistance, she had chosen to reside with two self-maintaining nonlegally responsible relatives or friends or with two other, nonrelated welfare recipients. We think neither objection is well taken.

[40]*40The rationale behind the reduction in amount of grants to recipients in a multiperson household is not obscure. The amount of a grant is directly related to the measure of a recipient’s needs. In a multiperson household the per capita cost of many items, since they are shared, will be less. This consequence involves no attribution of the contribution by any one member of the household to the maintenance of any other member. Each contributes his own share to the reduced pooled costs. Nor is any reduction in the standard of living implied. Accordingly the reduction in petitioner’s grant in consequence of her having joined her daughter and granddaughter to form a three-person household has a rational basis and must be sustained. (Dandridge v. Williams, 397 U. S. 471; see Jefferson v. Hackney, 406 U. S. 535.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Escalera v. Roberts
2021 NY Slip Op 02337 (Appellate Division of the Supreme Court of New York, 2021)
James v. Perales
184 A.D.2d 700 (Appellate Division of the Supreme Court of New York, 1992)
Goodwin v. Perales
120 A.D.2d 527 (Appellate Division of the Supreme Court of New York, 1986)
Summers v. D'Elia
95 A.D.2d 184 (Appellate Division of the Supreme Court of New York, 1983)
Rosenfeld v. Blum
82 A.D.2d 559 (Appellate Division of the Supreme Court of New York, 1981)
Delmar v. Blum
423 N.E.2d 27 (New York Court of Appeals, 1981)
Holley v. Blum
75 A.D.2d 998 (Appellate Division of the Supreme Court of New York, 1980)
Leone v. Blum
73 A.D.2d 252 (Appellate Division of the Supreme Court of New York, 1980)
Termini v. Califano
611 F.2d 367 (Second Circuit, 1979)
Termini v. Califano
464 F. Supp. 797 (W.D. New York, 1979)
Hinson v. Blum
94 Misc. 2d 601 (New York Supreme Court, 1978)
Swift v. Toia
450 F. Supp. 983 (S.D. New York, 1978)
MATTER OF LEE v. Smith
373 N.E.2d 247 (New York Court of Appeals, 1977)
Lee v. Smith
87 Misc. 2d 1018 (New York Supreme Court, 1976)
Mann v. Vine
49 A.D.2d 879 (Appellate Division of the Supreme Court of New York, 1975)
Jones v. Weinberg
83 Misc. 2d 210 (New York Supreme Court, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
312 N.E.2d 149, 34 N.Y.2d 36, 356 N.Y.S.2d 3, 1974 N.Y. LEXIS 1600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padilla-v-wyman-ny-1974.