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USEN v. SIPPRELL

71 Misc.2d 633 (1972)

Richard S. Usen, as Guardian ad Litem of Shirley Mitchell, an Infant, Petitioner, v. George G. Sipprell, as Commissioner of the Erie County Department of Social Services, et al., Respondents.

Supreme Court, Erie County.

October 3, 1972

Attorney(s) appearing for the Case

Michael A. O'Connor for petitioner and for Pearline Kelly, natural guardian of Donald Kelly, intervenor. James L. Magavern, County Attorney (Gregory Stamm of counsel), for George G. Sipprell and others, respondents. Anthony Manguso, Corporation Counsel (Herbert R. Johnston, Jr., of counsel), for Board of Education of City of Buffalo and others, respondents. Louis J. Lefkowitz, Attorney-General (Rose D. LaMendola of counsel), for Abe Lavine and others, respondents.

WALTER J. MAHONEY, J.

This is an article 78 CPLR proceeding initiated by Richard S. Usen, guardian ad litem for the petitioner Shirley Mitchell, said proceeding having been commenced by an order to show cause on May 24, 1972.

The respondents are various governmental agencies, both State and local.

The petition alleges that this is a class action and seeks declaratory judgment on behalf of the...

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