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MATTER OF CLINK v. LAVINE

79 Misc.2d 421 (1974)

In the Matter of Donald Clink et al., Petitioners, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Broome County.

July 23, 1974

Attorney(s) appearing for the Case

Mona R. Nedlik for petitioners. Louis J. Lefkowitz, Attorney-General (Jean M. Miner of counsel), for Abe Lavine, respondent. Thomas B. Oakes for Carroll A. Smythe, respondent.

ROBERT E. FISCHER, J.

The petitioners in this proceeding under CPLR article 78 are the parents of five children. The basic facts are not in dispute.

Following the birth of their last child in March of 1973, petitioners were advised by their family physician that further pregnancy would result in a potentially fatal medical risk to the wife's health. In seeking to overcome that risk the family physician...

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