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BARIE v. LAVINE

78 Misc.2d 815 (1974)

Donna Barie, on Her Own Behalf and on Behalf of All Other Persons Similarly Situated, Petitioner, v. Abe Lavine, as Commissioner of New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 7, 1974

Attorney(s) appearing for the Case

Lanny Earl Walter for petitioner. Louis J. Lefkowitz, Attorney-General (Jean M. Coon of counsel), for Abe Lavine. respondent. Condon A. Lyons, County Attorney (Robert E. Harris of counsel), for John Fahey, respondent.

EDWARD S. CONWAY, J.

This is an article 78 CPLR and CPLR 1005 proceeding seeking a judgment declaring null and void and in violation of the United States and New York State Constitutions, subdivision 4 of section 131 of the Social Services Law and 18 NYCRR 385.6, 385.7 (hereinafter referred to as Work Rules), insofar as they authorize the total disqualification of a person in need of public assistance from receipt of such assistance for any period of...

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