Teytelman v. Wing

No. 402767/02 (N.Y. Sup. Ct. New York County Dec. 8, 2003) ; Clearinghouse Number: 54802

Description

Legal Immigrants Challenge Restrictive Criteria That Exclude Them from Eligibility for State-Funded Food Assistance

Abstract

Plaintiff legal immigrants have filed their complaint in this class action challenging a New York state law that excludes them from eligibility for the state’s Food Assistance Program (FAP). Plaintiffs allege that New York established the FAP in 1997 in order to provide state and locally funded food stamps to certain lawful permanent residents who had been rendered ineligible for the federally funded Food Stamp Program by the Personal Responsibility and Work Opportunity Reconciliation Act. Plaintiffs allege that, although N.Y. Soc. Servs. L. § 95.10(b) deems legal immigrants to be vulnerable and in need of food stamps, it nonetheless established non-needs-based eligibility criteria for individuals applying for food stamps in those New York counties that choose to operate the FAP program. Under these criteria, immigrants must have resided in the United States on August 22, 1996, must apply for food stamps in the same social services district in which the immigrant resided on August 22, 1996, must not have been absent from the United States for more than 90 days during the year preceding application, and must apply for citizenship. Plaintiffs contend that these residency, travel, and citizenship eligibility criteria create impermissible distinctions among legal immigrants and bear no relationship to their need for assistance. Plaintiffs claim the criteria violate the Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution and Article I, § 11 of the New York State Constitution. Moreover, plaintiffs claim that the requirements violate Article XVII, Section 1, of the New York State Constitution, which requires New York State to provide for the aid, care, and support of the needy without regard to a needy person’s immigration status or other non-need-related circumstances. Plaintiffs seek declaratory and injunctive relief, costs, and attorney fees.

Additional Information

Attorney Information
Plaintiff represented by Helaine Barnett, Scott A. Rosenberg, Jennifer Baum, of counsel, The Legal Aid Society, Civil Appeals & Law Reform Unit, 166 Montague Street, Brooklyn, New York 11201 (718.722.3100); Henry Freedman, Rebecca Scharf and Anne Pearson, of counsel, Welfare Law Center, 275 Seventh Avenue, Suite 1205, New York, New York 10001 (212.633.6967); Ellen Yacknin, Barbara Weiner, Amy Schwartz, The Greater Upstate Law Project, 80 St. Paul Street, Suite 660, Rochester, NY 14604 (716.454.6500); Yisroel Shulman, Constance P. Carden, of counsel, New York Legal Assistance Group, 130 East 59th Street, New York, New York 10022 (212.750.0800); Kenneth Rosenfeld, Mary Ellen Burns, of counsel, Northern Manhattan Improvement Corporation, 76 Wadsworth Avenue, New York, New York 10033 (212.822.8300)
Docket Date
2003-12-08 00:00:00+00:00