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FERRO v. LAVINE

79 Misc.2d 431 (1974)

Frank Ferro et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. Abe Lavine, as Commissioner of the Department of Social Services of the State of New York, et al., Defendants. In the Matter of Judith Teeple, Petitioner, v. Abe Lavine, as Commissioner of the New York State Department of Social Services?, et al., Respondents. In the Matter of Jeanette Ring, Petitioner, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Broome and Chenango Counties.

March 1, 1974

Attorney(s) appearing for the Case

Mona R. Nedlik for plaintiffs and petitioners. Arthur L. Stern, III, for plaintiffs. Jason Karp for plaintiffs. Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein of counsel), for Abe Lavine and another, respondents. Sidney H. Singer, Assistant County Attorney, for Stanley Kimiecik, as Commissioner of Chenango County Department of Social Services, respondent. Thomas B. Oakes for Carroll A. Smythe, as Commissioner of Broome County Department of Social Services.

RICHARD F. KUHNEN, J.

This proceeding involves three actions, all of which raise the same questions of law. Plaintiffs are similarly situated; they each receive some form of public assistance pursuant to title 11 of article 5 (§ 363 et seq.) of the Social Services Law which entitles them to payment of certain medical expenses. They now seek authorization for payment for sterilization surgery. In...

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