Opinion
May 6, 1999
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
According the trial court's findings of fact appropriate deference ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495), a fair interpretation of the evidence supports its findings that the shelter allowance schedule for. AFDC recipients living in New York City bears no reasonable relation to the cost of housing in the City, and that there is a direct correlation between the inadequate shelter allowances and homelessness. As such, defendant State Commissioner failed to discharge his statutory duty under Social Services Law § 350 (1) (a) to provide for "adequate" shelter allowances so as to prevent large numbers of AFDC families from becoming homeless ( see, Jiggetts v. Grinker, 75 N.Y.2d 411, 417). We have considered appellant's remaining claims and find them to be unpersuasive.
Concur — Sullivan, J. P., Rosenberger, Tom and Wallach, JJ.