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MATTER OF EVERSON v. TOIA

89 Misc.2d 999 (1976)

In the Matter of Mary A. Everson, Individually and on Behalf of Her Unborn Child, Petitioner, v. Philip Toia, as Commissioner of the Department of Social Services of the State of New York, et al., Respondents.

Supreme Court, Onondaga County.

December 6, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for Philip Toia, as Commissioner of the Department of Social Services of the State of New York, respondent. Clifford La Barge for John L. Lascaris, as Commissioner of the Department of Social Services of the County of Onondaga, respondent. Maurie Heins for petitioner.

STEWART F. HANCOCK, J.

Respondents' motion to dismiss for failure to request a fair hearing within the 60-day period prescribed by section 135-a of the Social Services Law is granted. (Matter of Samperi v Kramer, 49 A.D.2d 979; Matter of Bozeat v Berger, 87 Misc.2d 366; Fingland v Lavine, 88 Misc.2d 1085, affd

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