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MTR. OF TOIA v. REGAN

54 A.D.2d 46 (1976)

In the Matter of Philip L. Toia, as Commissioner of The New York State Department of Social Services, et al., Respondents, v. Edward V. Regan et al., Appellants. (And Another Proceeding.) (Appeal No. 1.) In the Matter of Philip L. Toia, as Commissioner of The New York State Department of Social Services, et al., Appellants, v. Edward V. Regan et al., Respondents. (Appeal No. 2.) Edward V. Regan, Individually and as County Executive of Erie County, et al., Respondents, v. Philip L. Toia, Individually and as Commissioner of Social Services of The State of New York, et al., Appellants. (Appeal No. 3.)

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

September 10, 1976

Attorney(s) appearing for the Case

James L. Magavern, County Attorney, for Edward V. Regan and others.

Louis J. Lefkowitz, Attorney-General (John Dufur and Ruth Kessler Toch of counsel), for Philip Toia and others.

MARSH, P.J., SIMONS, GOLDMAN and WITMER, JJ., concur.

MOULE, J.

This proceeding is before the court on appeal from a judgment granting the petition of Philip L. Toia, as Commissioner of the New York State Department of Social Services, for an order under CPLR article 78 compelling the respondents, Edward V. Regan, as County Executive of Erie County; Richard J. Keane, as Chairman of the Erie County Board of Legislators; Erie County Board of Legislators; Alfreda W...

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