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  5. 37 N.Y.2d 742 (1975)
 

MATTER OF BATTLE v. LAVINE

37 N.Y.2d 742 (1975)

In the Matter of Lois Battle, Individually and on Behalf of Rajeim A. Battle, an Infant, Respondent, v. Abe Lavine, as Commissioner of Social Services of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 26, 1975.

September 19, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas R. McLoughlin of counsel), for appellant.

Craig R. Olsen and Leonard S. Clark for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, without costs, on the concurring opinion by Mr. Justice MARCUS G. CHRIST at the Appellate Division.

September 19, 1975

Return of the remittitur requested by the Court of Appeals sua sponte and, when returned, it will be amended to read as follows: Order modified, without costs, in accordance with the concurring opinion by Mr. Justice MARCUS G. CHRIST at the Appellate Division and, as so modified...

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