MATTER OF ARZILLO v. PARRY


49 A.D.2d 876 (1975)

In the Matter of Elaine Arzillo et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Henry G. Parry, Jr., as Commissioner of The Orange County Department of Social Services, et al., Appellants

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

October 6, 1975


Judgment modified, on the law, by deleting therefrom the first decretal paragraph and substituting therefor a provision to the effect that this proceeding may not be maintained as a class action. As so modified, judgment affirmed, without costs.

The determinations were rendered in the absence of findings of willfulness and undue hardship, contrary to the applicable paragraphs of 18 NYCRR 352.31(d). Although we hold that this is not a proper case for a class action...

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