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Sharp v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1991
175 A.D.2d 800 (N.Y. App. Div. 1991)

Opinion

August 5, 1991

Appeal from the Supreme Court, Suffolk County (Orgera, J.).


Ordered that the order is modified, on the law, by deleting the second decretal paragraph which granted that branch of the plaintiff's motion which was for certification of the complaint as a class action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

As conceded by the appellant Perales, the complaint which, inter alia, challenged the adequacy of the shelter allowance schedule, pursuant to 18 NYCRR 352.3 (a) and 352.7 (g), states a cause of action (see, Jiggetts v Grinker, 75 N.Y.2d 411).

However, we agree with the appellants that under the circumstances herein, certification of the complaint as a class action is unnecessary (see, Matter of Jones v Berman, 37 N.Y.2d 42, 57; Jiggetts v Grinker, 148 A.D.2d 1, 21, revd on other grounds 75 N.Y.2d 411, 414, n 2, supra; cf., Allen v Blum, 58 N.Y.2d 954, 956; Tindell v Koch, 164 A.D.2d 689).

The appellants' remaining contentions are without merit. Thompson, J.P., Bracken, Lawrence and Eiber, JJ., concur.


Summaries of

Sharp v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1991
175 A.D.2d 800 (N.Y. App. Div. 1991)
Case details for

Sharp v. Perales

Case Details

Full title:SYLVIA SHARP, Respondent, v. CESAR A. PERALES et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1991

Citations

175 A.D.2d 800 (N.Y. App. Div. 1991)
573 N.Y.S.2d 410

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