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  5. 37 N.Y.2d 317 (1975)
 

MATTER OF BROWN v. LAVINE

37 N.Y.2d 317 (1975)

In the Matter of Ernest Brown, Appellant, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1975.

Attorney(s) appearing for the Case

Robert L. Becker and Mark H. Spires for appellant.

Louis J. Lefkowitz, Attorney-General (Thomas R. McLoughlin and Samuel A. Hirshowitz of counsel), for Abe Lavine, respondent.

Kalman Finkel and John E. Kirklin for The Legal Aid Society of New York City, amicus curiae.

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

JASEN, J.

The issue is whether a recipient of public assistance is entitled to the assignment of counsel at a statutory fair hearing to discontinue such aid.

Petitioner received aid to the disabled assistance. In January, 1973, the respondent Commissioner of the Department of Social Services of the City of New York served him with a notice of intent to discontinue. The stated reason was "Eligibility Apparently...

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