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MATTER OF TOWN OF MARSHALL v. NEW YORK STATE DEP'T OF SOC SERVS.

62 A.D.2d 1163 (1978)

In the Matter of Town of Marshall, Appellant, v. New York State Department of Social Services, Respondent

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

April 14, 1978

Judgment affirmed, without costs.

Memorandum:

The judgment of Special Term should be affirmed. Appellant is a part of the same administrative agency as the State Commissioner of Social Services (see Social Services Law, §§ 20, 34, 65, 67) and it may not challenge a determination of the commissioner in an article 78 proceeding (Social Services Law, § 74-h; Matter of Town of Lee v Berger, 62 A.D.2d 1177

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