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MATTER OF TOIA v. REGAN

40 N.Y.2d 837 (1976)

In the Matter of Philip L. Toia, as Commissioner of the New York State Department of Social Services, et al., Respondents, v. Edward V. Regan, as County Executive of Erie County, et al., Appellants. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided September 17, 1976.

Attorney(s) appearing for the Case

James L. Magavern, County Attorney, and John J. Barone for appellants.

Louis J. Lefkowitz, Attorney-General (John M. Dufur and Ruth Kessler Toch of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

This is an appeal from an unanimous affirmance by the Appellate Division of a judgment of the Supreme Court which, in pertinent part, ordered certain Erie County public officers to provide necessary funds for home relief, aid to dependent children, medical assistance and day care programs in said county and denied relief under a petition, asserted by way of counterclaim, which sought a declaration of invalidity in respect to provisions of the Social...

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