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MTR. OF BARTON v. LAVINE

54 A.D.2d 350 (1976)

In the Matter of Susan Barton, on Behalf of Herself and All Others Similarly Situated, et al., Appellants-Respondents, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Respondents-Appellants In the Matter of Rosie L. Burton, Respondent, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

November 18, 1976

Attorney(s) appearing for the Case

Rene H. Reixach for Susan Barton and others, appellants-respondents, and Rosie L. Burton, respondent.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Jean M. Coon of counsel), for Abe Lavine, as Commissioner of Social Services of State of New York.

Robert Lyman, County Attorney (Stanley G. Walker, Jr., of counsel), for John Fahey, as Commissioner of Social Services of County of Albany.

KOREMAN, P. J., GREENBLOTT and MAIN, JJ., concur with HERLIHY, J.; LARKIN, J., concurs in part and dissents in part in a separate opinion.

HERLIHY, J.

Effective January 1, 1974 the former program of public assistance to needy persons in the category of Aid to the Aged, Blind and Disabled (AABD) was replaced by title XVI of the Social Security Act entitled "Supplemental Security Income for the Aged, Blind, and Disabled" (SSI) (Social Security Act, § 1601 et seq. U.S. Code, tit. 42, § 1381...

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