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LASCARIS v. WYMAN

31 N.Y.2d 386 (1972)

John L. Lascaris, as Commissioner of the Department of Social Services of Onondaga County, Appellant, v. George K. Wyman, Individually and as Commissioner of the Department of Social Services of the State of New York, Respondent. Charles Bugnacki et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided December 28, 1972.

Attorney(s) appearing for the Case

Philip C. Pinsky for appellant.

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman, Ruth Kessler Toch and Harvey R. Lasner of counsel), for respondent.

Bernard T. King and Jules L. Smith for intervenors-respondents.

Tracy H. Ferguson, Gerard C. Smetana, Lawrence M. Cohen, James E. Wilber and Thomas S. Evans for the Chamber of Commerce of the United States of America, amicus curiae.

Carmin R. Putrino for the Communications Workers of America, amicus curiae.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief Judge FULD.

We are called upon to decide whether persons on strike may obtain public assistance if they are "unable to maintain themselves" within the sense of section 131 of the Social Services Law and otherwise comply with the provisions of that statute.

For over 20 years the Commissioner of Social Services of the State of New York, in administering section 131, has provided such assistance.

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