New York Court of Appeals
In the Matter of Donna Barie, on Her Own Behalf and on Behalf of All Other Persons Similarly Situated v. Abe Lavine…
October 21, 197640 N.Y.2d 565
Summary
The New York Court of Appeals affirmed the Appellate Division's decision upholding the Department of Social Services' regulation that disqualifies welfare recipients for 30 days for refusing a job referral. The Court held the regulation is within statutory authority, is not arbitrary or capricious, and does not violate the New York Constitution or the U.S. Eighth Amendment. Justice Jones dissented, arguing the automatic 30‑day suspension imposes an impermissible penalty.