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MTR. OF CORNELL v. LAVINE

46 A.D.2d 99 (1974)

In the Matter of Kathleen Cornell, Appellant, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

December 5, 1974.

Attorney(s) appearing for the Case

Broome Legal Assistance Corp. (Mona R. Nedlik of counsel), and Greater Up-State Law Project Monroe County Legal Assistance Corp. (K. Wade Eaton of counsel), for appellant.

Thomas B. Oakes for Carroll A. Smythe, respondent.

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

HERLIHY, P. J., SWEENEY, KANE and REYNOLDS, JJ., concur.

MAIN, J.

Petitioner Kathleen Cornell, is a substantially overweight individual who has also had various medical problems including six miscarriages during a five-year period and phlebitis. Since obesity was seen as a potential factor in her infertility, she consulted Dr. Raul Grinberg who prescribed for her the drug Ionamine, an appetite-depressant, because "[I]t is rather important that the patient looses [...

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