Lavine v. Milne

LOCATION:Bonanza Liquor Store

DOCKET NO.: 74-1137
DECIDED BY: Burger Court (1975-1981)

CITATION: 424 US 577 (1976)
ARGUED: Dec 02, 1975
DECIDED: Mar 03, 1976

Amy Juviler – for appellant
Gerald A. Norlander – for appellees, Pro hac vice, by special leave of Court

Facts of the case


Media for Lavine v. Milne

Audio Transcription for Oral Argument – December 02, 1975 in Lavine v. Milne

Audio Transcription for Opinion Announcement – March 03, 1976 in Lavine v. Milne

Byron R. White:

The Lavine is here on appeal from a three-judge District Court for the Southern District of New York.

Here under a New York welfare statute, a person is disqualified for 75 days from receiving home relief, if he quits his job in order to go on relief.

The statute also presumes that he has left his job for this purpose, if he applies for welfare within that 75-day period.

The three-judge court though this seeming resumption was violative the Due Process of Law and entered a judgment to this effect.

We reverse that judgment.

In our view this so called resumption there is no more than to place the burden on the applicant to prove his qualification in this respect just like he must prove his other qualifications and we hence reverse the judgment of the District Court.

Mr. Justice Stevens took no part in the considerations or decision of this case.

Warren E. Burger:

Thank you, Mr. Justice White.