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MTR. OF BROWN v. LAVINE

49 A.D.2d 49 (1975)

In the Matter of Maria Brown, on Behalf of Herself and All Other Persons Similarly Situated, Respondent, v. ABE Lavine, as Commissioner of New York State Department of Social Services, et al., Appellants

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

July 24, 1975

Attorney(s) appearing for the Case

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

Robert P. Roche, County Attorney (Joseph F. Kehoe and Philip R. Murray of counsel), for John Fahey, appellant.

Margaret Mahoney for respondent.

GREENBLOTT, SWEENEY and REYNOLDS, JJ., concur with MAIN, J.; HERLIHY, P. J., concurs in a separate opinion.

MAIN, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered September 9, 1974 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of the State Commissioner of Social Services which denied, after a fair hearing, petitioner's request for replacement in full of cash representing a portion of her public assistance...

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