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MATTER OF ACCURSO v. BERGER

87 Misc.2d 520 (1976)

In the Matter of Marlene Accurso, Individually and on Behalf of Her Infant Children, et al., Petitioners, v. Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Nassau County.

July 15, 1976

Attorney(s) appearing for the Case

Leonard S. Clark and Carl Jay Nathanson for petitioners. Louis J. Lefkowitz, Attorney-General, for Stephen Berger, respondent. James M. Catterson, Jr., County Attorney, for Joseph D'Elia, respondent.

BERNARD F. McCAFFREY, J.

Petition of Marlene Accurso and Elaine Backus for judgment pursuant to CPLR article 78, is granted to the extent herein set forth; and in all other respects is denied.

Petitioner Marlene Accurso and her five infant children are recipients of public assistance under the Aid to Dependent Children program. Two of Mrs. Accurso's children are enrolled in the day care program. On January...

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