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MATTER OF FLETCHER v. LAVINE

75 Misc.2d 808 (1973)

In the Matter of Christine Fletcher, by Her Father and Natural Guardian, Wilson Fletcher, and on Behalf of All Persons Similarly Situated, Petitioner, v. Abe Lavine, Individually and as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Nassau County.

May 25, 1973

Attorney(s) appearing for the Case

Leonard S. Clark for petitioners. Joseph Jaspan, County Attorney, for James M. Shuart, respondent. Louis J. Lefkowitz, Attorney-General, for Abe Lavine, respondent.

EDWIN B. LYNDE, J.

In this special proceeding pursuant to CPLR article 78 the petition is dismissed as to the respondent Abe Lavine both in his individual capacity and as Commissioner of the New York State Department of Social Services.

Judgment, however, is granted in favor of the petitioner against James M. Shuart, the Commissioner of Nassau County Department of Social Services and this respondent...

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