Khrapunskiy v. Doar

Index No. 404175/04, 2005 NYSlipOp 51462(U), (N.Y. Sup. Ct. N.Y. County Aug. 11, 2005) ; Clearinghouse Number: 55956

Description

New York State May Not Deny, Based on Immigration Status, Assistance to Indigent and Lawfully Residing Elderly, Blind, or Disabled Persons

Abstract

Granting plaintiffs’ summary judgment motion, the trial court held that State’s failure to provide to plaintiffs and class—based on their immigration status—assistance at the standard of need for the elderly, blind, and disabled set forth in New York law violated State’s constitutional duty to support the indigent and plaintiffs’ state and federal equal protection rights. New York law provides that the needs of those whose income falls below that standard will be met through the additional state payments program. Plaintiffs were indigent and lawfully residing elderly, blind, or disabled persons who became, because of their immigration status, ineligible for Supplemental Security Income (SSI) and additional state payment benefits. Their SSI benefits were terminated in 1996 when Congress rendered certain lawful immigrants ineligible for SSI benefits; their additional state payment benefits were terminated because the state legislature implemented the same restrictions in that program. In a state-court class action, plaintiffs challenged State’s failure to provide them and others similarly situated with benefits at the level that State determined to be generally appropriate for the indigent aged, blind, and disabled. After rejecting State’s nonjudiciability and standing arguments, the court found that State was denying benefits to plaintiffs on the basis of an eligibility condition having nothing to do with need and concluded that, based on Aliessa v. Novello, 754 N.E.2d 1085 (N.Y. 2001) (Clearinghouse No. 52,429), State’s constitutional duty to support the indigent prevented State from ceasing to pay benefits at the standard of need level required by state law merely because the federal government no longer paid. Also based on Aliessa, the court found that excluding—based on immigration status—some among the indigent aged, blind, and disabled from receiving this level of benefits violated their equal protection rights.

Additional Information

Attorney Information
Plaintiffs represented by Barbara Weiner, Empire Justice Center, 119 Washington Ave., Albany, NY 12210 (518.462.6831); Jennifer Baum, The Legal Aid Society, 199 Water St., New York, NY 10038, (212.577.3266).
Docket Date
2005-08-11 00:00:00+00:00
Attorney Email
bweiner@empirejustice.org