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MTR. OF BAUMES v. LAVINE

44 A.D.2d 336 (1974)

In the Matter of Eleanor Baumes et al., Respondents, v. Abe Lavine, as Commissioner of Social Services, et al., Appellants

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

May 9, 1974.

Attorney(s) appearing for the Case

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

Robert P. Roche, County Attorney, for John Fahey, appellant.

Paul Lichterman for respondents.

SWEENEY and MAIN, JJ., concur with REYNOLDS, J.; STALEY, JR., J. P., and GREENBLOTT, J., dissent and vote to affirm in an opinion by GREENBLOTT, J.

REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered November 19, 1973 in Albany County, which granted petitioners' application, in a proceeding pursuant to article 78 of the CPLR, holding that the proceeding was a valid class action declaring the limitations of assistance contained in 18 NYCRR 372.2 (b) and (c) null and void and ordering appellant Fahey to process all requests to petitioners for all essential furniture...

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