MONTOROULA v. PARRY


54 A.D.2d 327 (1976)

Sylvester Montoroula, Individually and as Parent and Natural Guardian of Peter Montoroula, a Person Under a Disability, Respondent, v. Henry G. Parry, Jr., as Commissioner of Orange County Department of Social Services, Respondent, and Abe Lavine, as Commissioner of New York State Department of Social Services, Appellant

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

November 1, 1976


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Harold Henry, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for appellant.

Raymond H. Bradford (Richard A. Howard of counsel), for Sylvester Montoroula, respondent.

MARTUSCELLO, COHALAN, DAMIANI and SHAPIRO, JJ., concur.


HOPKINS, Acting P. J.

The Special Term has declared the provisions of subdivision 2 of section 365 of the Social Services Law and 18 NYCRR 360.21 (e)* to be unconstitutional as violative of the equal protection of the laws, as applied to the petitioner's son.

The appeal comes to us under a stipulation of facts, stating that the petitioner...

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