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DE PASQUALE v. DUMPSON

87 Misc.2d 731 (1976)

Marianne De Pasquale, Petitioner, v. James Dumpson, as Commissioner of the New York City Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Kings County.

July 6, 1976

Attorney(s) appearing for the Case

John C. Gray, Jr., Yvonne Lewis and Douglass J. Seidman for petitioner. Louis J. Lefkowitz, Attorney-General (Ellen L. Hill of counsel), for Stephen Berger, as Acting Commissioner of the New York State Department of Social Services, respondent. W. Bernard Richland, Corporation Counsel (Hyman Frankel and Jay K. Weiss of counsel), for James Dumpson, respondent.

THOMAS RUSSELL JONES, J.

In this proceeding Marianne De Pasquale, an 85-year-old victim of a paralyzing stroke, invoking CPLR article 78, seeks to annul the decisions of the New York State and City Departments of Social Services, dated March 11, 1975 and September, 1974, respectively, which denied her the home health care services of a home aid because her daughter, Catherine De Pasquale served her in that capacity...

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