SHERWOOD v. TOIA


92 Misc.2d 149 (1977)

Patricia Sherwood et al., Petitioners, v. Philip L. Toia, as Commissioner of Social Services of the State of New York, Respondent.

Supreme Court, Orange County.

September 27, 1977


Attorney(s) appearing for the Case

Peter A. Bell for petitioners. Louis J. Lefkowitz, Attorney-General (Gilbert L. Offenhartz of counsel), for respondent.


MORRIE SLIFKIN, J.

In a proceeding by which petitioners seek to have the court declare that section 2 of chapter 77 of the Laws of 1977 (amdg Social Services Law, § 131-a), is null and void on numerous grounds, both petitioners and respondent have moved for summary judgment.

The petitioners' motion is granted solely to the extent of holding that the legislation is unconstitutional under section 1 of article III of the New York State Constitution...

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