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BAUMES v. LAVINE

38 N.Y.2d 296 (1975)

Eleanor Baumes et al., Appellants, v. Abe Lavine, as Commissioner of New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 4, 1975.

Attorney(s) appearing for the Case

Paul R. Lichterman for appellants.

Louis J. Lefkowitz, Attorney-General (Eileen A. Sullivan and Jean M. Coon of counsel), for Abe Lavine, respondent.

Robert P. Roche, County Attorney (Stanley G. Walker and Philip R. Murray of counsel), for John J. Fahey, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and FUCHSBERG concur with Judge COOKE; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judge JONES concurs.

COOKE, J.

Petitioners Eleanor Baumes, Loretta Brown and Claudine Ravenna, recipients of public assistance in Albany County in the aid to dependent children category, bring this article 78 proceeding on behalf of themselves and on behalf of all others similarly situated, pursuant to CPLR 1005 (subd [a]), to establish as a matter of law that section 350-j of the Social Services Law, entitled "Emergency assistance...

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