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MATTER OF SMITH v. LAVINE

45 A.D.2d 712 (1974)

In the Matter of Lucille Smith, Petitioner, v. Abe Lavine, as Commissioner of the Department of Social Services of The State of New York, et al., Respondents

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

June 3, 1974

By a previous decision in this proceeding, this court (1) denied a motion by the respondent Commissioner of said State agency to dismiss the petition on the ground that it fails to state a cause of action and (2) ordered that, pending service of his answer to the petition, with supporting affidavits, and a reply, if any, determination of the proceeding on the merits as against both Respondents would be held in abeyance (Matter...

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