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MATTER OF BARIE v. LAVINE

48 A.D.2d 36 (1975)

In the Matter of Donna Barie, on Behalf of Herself and All Other Persons Similarly Situated, Respondent, v. Abe Lavine, as Commissioner of New York State Department of Social Services, Appellant, et al., Respondent

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

May 8, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

Legal Aid Society of Albany, Inc. (Lanny Earl Walter and Lawrence F. Klepper of counsel), for respondent.

SWEENEY, KANE and REYNOLDS, JJ., concur with HERLIHY, P. J.; GREENBLOTT, J., dissents and votes to affirm in an opinion.

HERLIHY, P. J.

This is an appeal by the Commissioner of New York State Department of Social Services from a judgment of the Supreme Court at Special Term, entered June 27, 1974 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted petitioners' petition; annulled appellant's decision after fair hearing, dated September 14, 1973; declared that the regulation of the appellant providing for...

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