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DOMINE v. SCHRECK

44 A.D.2d 98 (1974)

Judy Domine et al., Respondents, v. Francis Schreck, as Commissioner of Albany County Department of Social Services, et al., Appellants Betty Gipson et al., Respondents, v. Francis Schreck, as Commissioner of Albany County Department of Social Services, et al., Appellants

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

March 28, 1974.

Attorney(s) appearing for the Case

Robert P. Roche, County Attorney (Robert Harris of counsel), for Francis Schreck, appellant.

Louis J. Lefkowitz, Attorney-General (Eileen A. Sullivan and Ruth Kessler Toch of counsel), for Abe Lavine, appellant.

Lawrence F. Klepper for respondents.

STALEY, JR., and KANE, JJ., concur with HERLIHY, P. J.; SWEENEY and MAIN, JJ., concur in a separate opinion by SWEENEY, J.

HERLIHY, P. J.

These are appeals from a judgment of the Supreme Court at Special Term, entered September 12, 1973 in Albany County.

At the time these proceedings were commenced, both petitioners were receiving public assistance from Albany County Department of Social Services in the category of aid to dependent children. Petitioner Domine alleges that she exhausted her funds with expenditures for food...

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