Opinion
October 2, 1972
Michael A. O'Connor for petitioner.
Gregory Stamm for George G. Sipprell, respondent.
Louis J. Lefkowitz, Attorney-General ( Rose LaMendola of counsel), for Abe Lavine, as State Commissioner of Social Services, respondent.
On two occasions this court has held that section 350-j Soc. Serv. 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 (CPLR 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 NYCRR 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 as a "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.