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  5. 39 N.Y.2d 279 (1976)
 

MTR. OF DENISE R. v. LAVINE

39 N.Y.2d 279 (1976)

In the Matter of Denise R., Respondent, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided April 6, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas R. McLoughlin and Samuel A. Hirshowitz of counsel), for appellant.

Yvonne Lewis and John C. Gray, Jr., for Denise R., respondent.

Chief Judge BREITEL and Judges JASEN and GABRIELLI concur with Judge WACHTLER; Judge COOKE dissents and votes to affirm in a separate opinion in which Judges JONES and FUCHSBERG concur.

WACHTLER, J.

This is a proceeding to review a determination by the Commissioner of Social Services, denying requested authorization for medical assistance for sexual conversion surgery. The record indicates that petitioner, Denise R., is a 42-year-old genetic male who has considered himself a woman trapped in a man's body since he was 10 years old, which is as far back as he can remember. Approximately 18 years...

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