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  5. 72 N.Y.2d 231 (1988)
 

MATTER OF GROSS v. PERALES

72 N.Y.2d 231 (1988)

In the Matter of George Gross, as Commissioner of the New York City Human Resources Administration, et al., Respondents, v. Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Christopher Keith Hall, O. Peter Sherwood and Lawrence S. Kahn of counsel), for appellants.

Peter L. Zimroth, Corporation Counsel (Kristin M. Helmers and Stephen J. McGrath of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

The primary issue presented on this appeal is whether a municipality may challenge a determination by a State administrative agency, and at the same time recover wrongfully withheld money from the State, within the context of an article 78 proceeding in Supreme Court, or whether such a lawsuit must be commenced in whole or in part in the Court of Claims....

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