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MTR OF GARDNER v. PARRY

88 Misc.2d 154 (1976)

In the Matter of Celia Gardner et al., on Their Own Behalf and on Behalf of All Other Persons Similarly Situated, Petitioners, v. Henry G. Parry, Jr., as Commissioner of the Orange County Department of Social Services, et al., Respondents.

Supreme Court, Orange County.

July 29, 1976

Attorney(s) appearing for the Case

Robert M. Feinson for petitioners. John D. Bright for Henry G. Parry, Jr., respondent. Louis J. Lefkowitz, Attorney-General, for Philip L. Toia, respondent.

JOHN W. SWEENY, J.

This is an article 78 proceeding in which petitioners seek a judgment (1) requiring respondents to continue paying Earle Nursing Home for care and medical benefits rendered on petitioners' behalf, pending a fair hearing determination, and (2) enjoining respondents from transferring or removing petitioners from the Earle Nursing Home pending the hearing. By cross petition, respondent Parry seeks a judgment directing the State of New...

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