Tucker v. Toia

In Tucker v. Toia (43 NY2d 1, 7 [1977]), the Court of Appeals explained the rationale behind the provision of services and the commitment it represents to all persons residing in New York State: "the provision for assistance to the needy is not a matter of legislative grace; rather, it is specifically mandated by our Constitution ... The provision to provide for the needy was adopted ... in the aftermath of the great depression, and was intended to serve two functions: First, it was felt to be necessary to sustain from constitutional attack the social welfare programs first created by the State during that period ... and, second, it was intended as an expression of the existence of a positive duty upon the State to aid the needy." The Court of Appeals stated: "May the Legislature deny all aid to certain individuals who are admittedly needy, solely on the basis of criteria having nothing to do with need? Today, we hold that it may not."