657 N.Y.S.2d 170 | N.Y. App. Div. | 1997
Or
Plaintiffs alleged that defendant fails to act on their applications for emergency moving benefits (Social Services Law § 303 [1] [e], [i], ¡j]; 18 NYCRR 397.1 [b] [5], [9], [10]; 397.5 [e]), and seek to preliminarily enjoin defendant to make eligibility determinations within 48 hours of the submission of a complete application and to issue emergency moving benefits to qualified applicants by the following day, invoking State Department of Social Services Administrative Directives 86 ADM-7, 92 ADM-26 and various other State DSS documents. While neither side provided the motion court or this Court with a copy of Administrative Directive 89 ADM-6, that directive is referred to in the fair hearing determinations annexed to plaintiffs’ motion papers, concerns applications for identical emergency moving benefits, and specifically states: “A decision on a request for an additional allowance must be made within 30 days of the local district’s receipt of a completed request form * * * unless there is an immediate need. In the case of an immediate need, local districts must follow the procedures outlines in 86 ADM-7.” This mandatory directive, binding on