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MATTER OF SCARPELLI v. LAVINE

48 A.D.2d 899 (1975)

In the Matter of Marilyn Scarpelli et al., Individually and on Behalf of Their Infant Children and All Those Similarly Situated, Respondents, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, Appellant, and Joseph D'Elia, as Commissioner of The Nassau County Department of Social Services, Respondent

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

June 23, 1975

Judgment modified, on the law, without costs, by deleting therefrom all of the decretal paragraphs except the second; and matter remitted to appellant for the holding of fair hearings, de novo, and the making of new determinations, in accordance with the holding in Matter of Uhrovick v Lavine (35 N.Y.2d 892).

It was an abuse of discretion to grant class relief since governmental...

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