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MTR. OF BATES v. TOIA

60 A.D.2d 459 (1977)

In the Matter of Charles W. Bates, as Westchester County Commissioner of Social Services, Appellant, v. Philip L. Toia, as New York State Commissioner of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1977

Attorney(s) appearing for the Case

David N. Brainin, County Attorney (Jonathan Lovett of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Diane L. De Furio and Ruth Kessler Toch of counsel), for respondent.

KANE and LARKIN, JJ., concur with MAHONEY, J.; GREENBLOTT, J. P., and SWEENEY, J., dissent and vote to affirm in an opinion by GREENBLOTT, J. P.

MAHONEY, J.

Since the ultimate relief sought is a declaration of invalidity of a promulgated regulation, this proceeding should be converted to an action for a declaratory judgment (Cantlin v State Liq. Auth., 16 N.Y.2d 155; CPLR 103, subd [c]).

Petitioner, Westchester County Commissioner of Social Services, seeks to...

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