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MATTER OF GAILLARD v. LAVINE

40 N.Y.2d 916 (1976)

In the Matter of Verlene Gaillard et al., Respondents, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 28, 1976.

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Since the order of the Appellate Division directs the Department of Social Services to process the claims of the individual petitioners on the merits, the remand contemplates more than merely ministerial action. (Cohen and Karger, Powers of the New York Court of Appeals, §...

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