MATTER OF DUNN v. BATES


50 A.D.2d 561 (1975)

In the Matter of Joan Dunn, Individually and on Behalf of Her Minor Dependent Child and on Behalf of Josephine Kuhl and All Others Similarly Situated, Respondent, v. Charles Bates, as Commissioner of The Westchester County Department of Social Services, Appellant and Stephen Berger, as Commissioner of The Department of Social Services of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 3, 1975


Judgment modified, on the law, by (1) deleting therefrom the first four decretal paragraphs and substituting therefor provisions (a) that the respondent State Commissioner's cross motion is denied, (b) that the proceeding may not be maintained as a class action, (c) that petitioner's cause of action for the recoupment of alleged underpayments in her public assistance benefits is dismissed and (d) directing the respondent county commissioner to provide petitioner with emergency...

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