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.