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MTR. OF LEONE v. BLUM

73 A.D.2d 252 (1980)

In the Matter of Lenore Leone, Petitioner, v. Barbara Blum, as Acting Commissioner of The New York State Department of Social Services, et al., Respondents In the Matter of Mary Delmar, on Behalf of Herself and All Others Similarly Situated, Petitioner, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 10, 1980

Attorney(s) appearing for the Case

Leonard S. Clark (Ira S. Schneider of counsel), for Lenore Leone, petitioner.

Robert Abrams, Attorney-General (Gerald Slotnik of counsel), for State Commissioner in the Leone proceeding, respondent.

Leonard S. Clark (Stephen Latzman of counsel), for Mary Delmar, petitioner.

Robert Abrams, Attorney-General (Maryellen Weinberg of counsel), for State Commissioner in the Delmar proceeding, respondent.

LAZER, J. P., RABIN and O'CONNOR, JJ., concur.

GULOTTA, J.

Petitioners in these proceedings challenge the method by which the Commissioner of the New York State Department of Social Services allocates public assistance in the categories of Aid to Dependent Children and Home Relief under section 131-a of the Social Services Law and the accompanying regulations.

We hold that the commissioner's proration method as applied to households which include...

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