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BEAUDOIN v. TOIA (JORCZAK)

45 N.Y.2d 343 (1978)

In the Matter of John R. Beaudoin, as Commissioner of the Rensselaer County Department of Social Services, Respondent, v. Philip L. Toia, as Commissioner of the New York State Department of Social Services, Respondent, and Shirley D. Jorczak et al., Appellants.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Joel F. Spitzer and Edward V. Loughlin for Shirley D. Jorczak, appellant.

C. Michael Reger for John R. Beaudoin, respondent.

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

JONES, J.

We hold that a local County Department of Social Services has no standing in a proceeding under CPLR article 78 to seek judicial review of a determination made by the State Commissioner of Social Services following a fair hearing held at the request of a welfare recipient.

Shirley D. Jorczak, a resident of Rensselaer County in New York State, brought her nine-year-old stepniece from Massachusetts...

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