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MATTER OF TAYLOR v. FAHEY

79 Misc.2d 22 (1974)

In the Matter of Ann Taylor, Petitioner, v. John Fahey, as Commissioner of the Albany County Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 4, 1974

Attorney(s) appearing for the Case

Legal Aid Society of Albany, Inc. (Lanny E. Walter of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General, for respondents. Robert P. Roche, County Attorney (Robert E. Harris of counsel), for the County of Albany.

ROBERT C. WILLIAMS, J.

Petitioner has so moved this article 78 proceeding to obtain a judgment declaring that 18 NYCRR 348.4 (b) is an invalid and void regulation and that petitioner have her full pro rata share of public assistance to which she would be entitled reinstated, but for the application against her of 18 NYCRR 348.4 (b).

18 NYCRR 348.4 (b) provides: "When the recipient is a member of a family unit, whether he receives a separate grant...

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