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PETERSON v. BERGER

84 Misc.2d 517 (1975)

Margaret Peterson et al., on Their Own Behalf and on Behalf of All Other Persons Similarly Situated, Petitioners, v. Stephen Berger, as Acting Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Albany County.

December 24, 1975

Attorney(s) appearing for the Case

John D. Charles for petitioners. Louis J. Lefkowitz, Attorney-General (Jack W. Hoffman and Christopher P. Lynch of counsel), for Stephen Berger, respondent. Robert P. Roche, County Attorney, and Philip R. Murray, Social Services Attorney (Paul V. Oliver of counsel), for John Fahey, respondent.

EDWARD S. CONWAY, J.

This is a CPLR article 78 proceeding brought by petitioners for an order: (1) reviewing the decision of respondent Stephen Berger as Commissioner of New York State Department of Social Services which affirmed the determination of respondent John Fahey denying petitioners' request for retroactive payment of that portion of the shelter and fuel allowance for the period of January 1, 1974 to October 16, 1974; (2) maintaining this proceeding...

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