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MONTOROULA v. PARRY

83 Misc.2d 1034 (1975)

Sylvester Montoroula, Individually and as Parent and Natural Guardian of Peter Montoroula, a Person Under a Disability, Petitioner, v. Henry G. Parry, Jr., as Commissioner of Orange County Department of Social Services, et al., Respondents.

Supreme Court, Orange County.

October 8, 1975

Attorney(s) appearing for the Case

Raymond H. Bradford for petitioner. John D. Bright for Henry G. Parry, Jr., respondent. Louis J. Lefkowitz, Attorney-General, for Abe Lavine, respondent.

JOHN W. SWEENY, J.

This is a CPLR article 78 proceeding, submitted upon an agreed statement of facts, which questions the constitutionality of 18 NYCRR 360.21 (e) and therefore the statute upon which it is based, subdivision 2 of section 365 of the Social Services Law (L 1973, ch 516, § 5).

Petitioner is the father and guardian ad litem of a 24-year-old child who, although he has never been judicially...

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