MATTER OF AROUNE v. SIPPRELL


36 A.D.2d 888 (1971)

In the Matter of Louis Aroune, Respondent, v. George G. Sipprell, as Commissioner of Erie County Department of Social Welfare, Appellant, and George K. Wyman, Commissioner of Social Services of The State of New York, Intervenor-Appellant

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

April 1, 1971


Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

The judgment should be reversed because the State Commissioner of Social Services, a necessary party, was not joined in the article 78 proceeding below. If this article 78 proceeding be viewed as one in the nature of certiorari to review the State Commissioner's determination, failure to join him in the proceeding below was fatal. His determination was binding on the local public...

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