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TUCKER v. TOIA

43 N.Y.2d 1 (1977)

Angela Tucker et al., Respondents, v. Philip L. Toia, Individually and as Commissioner of the New York State Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided November 10, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), for appellant.

K. Wade Eaton, Steven L. Brown, Rene H. Reixach, Jr., and Daivd W. Beier, III, for respondents.

Marttie L. Thompson, Michael A. O'Connor, Ira S. Bezoza and Cynthia Mann for Community Action for Legal Services, Inc., and another, amici curiae.

Joseph B. Robison and Stephen M. Jacoby for American Jewish Congress, amicus curiae.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

The Commissioner of the State Department of Social Services appeals directly to this court, pursuant to CPLR 5601 (subd [b], par 2), from a judgment of the Supreme Court, Monroe County (SMITH, J.), declaring section 15 of chapter 76 of the Laws of 1976 (now a part of Social Services Law, § 158), to be unconstitutional, and enjoining its implementation and enforcement. We affirm the judgment appealed...

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