MTR OF LEGAL ASSIST v. LAVINE


82 Misc.2d 343 (1975)

In the Matter of Monroe County Legal Assistance Corporation, Southern Tier Legal Services, Petitioner, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Allegany County.

June 6, 1975


Attorney(s) appearing for the Case

Gerald A. McIntyre for petitioner. Louis J. Lefkowitz, Attorney-General (James L. Kennedy of counsel), for Abe Lavine, respondent. James T. Sikaras, County Attorney (Wayne Feeman of counsel), for Raymond Shear, respondent.


JOHN H. DOERR, J.

In this article 78 proceeding petitioner seeks reimbursement for travel expenses necessarily incurred in the representation at fair hearings of social service clients who are financially unable to pay the cost thereof.

The adamant position of the respondent Lavine in refusing such payment is based upon a determination "that such transportation expenses should not be provided for representatives of legal aid", claiming, "It is...

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