Opinion
2002-02455
Argued February 28, 2003.
March 31, 2003.
In an action, inter alia, for a judgment declaring that the defendants' housing allowance schedules set forth in 18 NYCRR 352.3 violate the plaintiff's Federal and State statutory rights to obtain and retain decent, safe, and adequate housing, the defendants appeal from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered February 4, 2002, which granted the plaintiff's motion for a preliminary injunction directing them to pay the plaintiff an enhanced shelter allowance of $950 per month.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Oren L. Zeve of counsel), for appellants.
Barbara Finkelstein, White Plains, N.Y. (Lewis Creekmore and Melinda Bellus of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is denied (see McVay v. Wing, 303 A.D.2d 727 Appellate Division Docket No. 2002-2453 [decided herewith]).
KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.