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MATTER OF APPLICATION OF SMITH v. BERLIN

Docket No. 400903/2010, Motion Seq. No. 02.

2013 NY Slip Op 31911(U)

In the Matter of the Application of QUANISHA SMITH, Petitioner, For a Judgment Pursuant to Article 78 and Section 3001 of the Civil Practice Law and Rules, v. ELIZABETH BERLIN, as Executive Deputy Commissioner of the New York State Office of Temporary and Disability Assistance, and ROBERT DOAR, as Administrator of the New York City Human Resources Administration, and BQNY PROPERTIES, LLC, Respondents.

Supreme Court, New York County.

Filed August 15, 2013.

Attorney(s) appearing for the Case

Lester Helfman Esq. , Legal Aid Society, 111 Livingston Street, Brooklyn, NY 11201, Susan Jacquemot Esq. and Matthew B. Moses Esq. , Kramer Levin Naftalis & Frankel, LLP, 1177 6th Avenue, New York, NY 10036, For Petitioner and Intervenor.

Stephanie A. Feinberg , Special Assistant Corporation Counsel, New York City Human Resources Administration, 180 Water Street, New York, NY 10038, For Respondent Doar.

Domenic Turziano , Assistant Attorney General, 120 Broadway, New York, NY 10271, For Respondent Berlin.

DECISION AND ORDER

LUCY BILLINGS, Judge.

It is ordered that

The Court denies respondents Doar's motion to dismiss this proceeding pursuant to the accompanying decision. C.P.L.R. §§ 3211(a)(7), 7804(f). As the decision sets forth, the proceeding own shall proceed as a class action for declaratory and injunctive relief, plus attorneys' fees.

The numbers of New York City residents dependent on public assistance and food stamps for...

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