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MTR OF MORALES v. SOC SERVS

89 Misc.2d 360 (1976)

In the Matter of Sylvia Morales, Petitioner, v. State Department of Social Services et al., Respondents.

Supreme Court, Special Term, Suffolk County.

September 13, 1976

Attorney(s) appearing for the Case

Timothy S. McCulley and Alfred J. Cicale for petitioner. Howard E. Pachman, County Attorney (Jerome A. Campo of counsel), for James Kirby, as Commissioner of Social Services for the County of Suffolk, respondent. Louis J. Lefkowitz, Attorney-General (Peter A. Berkowsky of counsel), for Philip L. Toia, respondent.

VICTOR J. ORGERA, J.

This is an article 78 proceeding to (1) annul the decision of the State Department of Social Services sustaining a determination of the respondent, Commissioner Kirby; (2) restore statutory entitlements to petitioner and her children retroactively and prospectively, and (3) declare 18 NYCRR 352.7 (g) (5) invalid as being inconsistent with Federal and State laws and regulations.

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