MATTER OF CIULLA v. LAVINE


79 Misc.2d 297 (1974)

In the Matter of Donna Ciulla et al., Petitioners, v. Abe Lavine, as Commissioner of Social Services of the State of New York, Respondent.

Supreme Court, Monroe County.

April 3, 1974


Attorney(s) appearing for the Case

Arthur L. Stern, III, for petitioners. Louis J. Lefkowitz, Attorney-General (Paul O. Harrison of counsel), for respondent.


JAMES H. BOOMER, J.

Petitioners, recipients of public assistance, bring this article 78 proceeding to review the determination of the Commissioner of Social Services in fixing the schedule of heating allowances.

Respondent, prior to answer, has made objections in point of law. The first objection is that the petition does not state a cause of action and must, therefore, be dismissed under CPLR 3211...

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