IN THE MATTER OF DANIEL HERNANDEZ, APPELLANT, AND JAMES BYNUM, ET AL.,
  INTERVENORS-PETITIONERS, v. LILLIAM BARRIOS-PAOLI, &C., ET AL., RESPONDENTS.

    93 N.Y.2d 781 (1999).
    October 19, 1999

   1 No. 146

   (99 NY Int. 0132)
   Decided October 19, 1999
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   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.
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   Armen H. Merjian, for appellant.
   Kristin M. Helmers, for respondents.

   SMITH, J.:

   At issue in this appeal is whether Local Law 49, codified in the
   Administrative Code of the City of New York § 21-126 et seq., is
   contravened by the Eligibility Verification Review (EVR) procedure for
   AIDS and clinical/symptomatic HIVclients served by the Division of
   AIDS Services Income Support (DASIS) of the Human Resources
   Administration (HRA). For the reasons set forth below, we conclude
   that it does, and that the order of the Appellate Division should be
   reversed.

   I.

   In July 1997, petitioner, who suffers from clinical/symptomatic HIV,
   applied to DASIS for public benefits and services. He was subsequently
   interviewed at the Manhattan DASIS office, where he completed an
   application and submitted all necessary documents needed to receive
   public benefits. Thereafter, petitioner was informed that he was
   scheduled for an EVR investigation at HRA%s Brooklyn office. In
   response to an inquiry, HRA advised him that without an EVR interview,
   he would not receive public assistance.

   Petitioner commenced this CPLR article 78 proceeding challenging HRA%s
   requirement that he submit to an EVR investigation. (n.1) Supreme
   Court granted the petition, concluding that the Administrative Code of
   the City of New York did not permit the additional investigation for
   establishing eligibility for public benefits and services. The