MATTER OF ELMS v. LAVINE


48 A.D.2d 751 (1975)

In the Matter of Blanche Elms, Respondent, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

May 29, 1975


By this article 78 proceeding petitioner seeks a declaration that the Department of Social Services "Emergency Assistance for Adults" regulations are invalid insofar as they exclude her from receipt of emergency assistance. A mere reading of the petition clearly demonstrates that it is fatally defective and must be dismissed. It alleges, on information and belief, that petitioner's attorney communicated with one of appellant Fahey's representatives; that her attorney was...

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