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MATTER OF SMYTHE v. LAVINE

76 Misc.2d 751 (1974)

In the Matter of Carroll A. Smythe, as Commissioner of Social Services of the County of Broome, Petitioner, v. Abe Lavine, as State Commissioner of Social Services, et al., Respondents.

Supreme Court, Broome County.

January 8, 1974

Attorney(s) appearing for the Case

Thomas B. Oakes for petitioner. Seymour Nathanson for "R", respondent. Louis J. Lefkowitz, Attorney-General (David R. Dudley of counsel), for Abe Lavine, respondent.

JOSEPH P. MOLINARI, J.

An article 78 proceeding has been instituted in this court to have a fair hearing decision reviewed, annulled and reversed on the grounds that it was arbitrary, capricious and contrary to the law to have the petitioner's March, 1973 discontinuance of "R's" public assistance affirmed, and to have the respondent, Commissioner of the New York State Department of Social Services directed to...

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