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  5. 36 N.Y.2d 165 (1975)
 

MATTER OF SEITELMAN v. LAVINE

36 N.Y.2d 165 (1975)

In the Matter of Edward H. Seitelman, Respondent, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Appellants, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 25, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Jesse J. Fine of counsel), for appellants.

Murray B. Schneps for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

In a proceeding brought under CPLR article 78, the Appellate Division has ruled, and correctly we think, that the New York Commissioner of the Department of Social Services erroneously affirmed a determination of the New York City Department of Social Services which denied the application of the petitioner, a mentally retarded adult, for a public assistance grant under the then existing aid to the...

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