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MATTER OF FIDLER v. KURTIS

40 Misc.2d 905 (1963)

In the Matter of Rhoda W. Fidler, Individually and on Behalf of All Other Taxpayers Similarly Situated, Petitioner, v. Louis P. Kurtis, as Commissioner of Public Welfare of the County of Westchester, Respondent.

Supreme Court, Westchester County.

October 31, 1963

Attorney(s) appearing for the Case

Kunstler, Kunstler & Kinoy for petitioner. Francis J. Morgan, County Attorney, for respondent.

FRANK S. McCULLOUGH, J.

Petitioner, a resident and taxpayer of the Town of Rye in the County of Westchester has brought this article 78 proceeding to compel the Commissioner of Welfare of the County of Westchester to exercise the discretion given him in subdivision 2 of section 143-b of the Social Welfare Law which reads as follows: "2. Every public welfare official shall have power to and may withhold the payment of any such rent in any case where he...

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