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MATTER OF BATES v. TOIA

45 N.Y.2d 460 (1978)

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

Court of Appeals of the State of New York.

Decided October 26, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Diane L. De Furio and Jean M. Coon of counsel), for appellant.

Samuel S. Yasgur, County Attorney (Jonathan Lovett of counsel), for respondent.

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

COOKE, J.

We deal here with the validity of State regulations entitling an indigent woman to public assistance on behalf of her unborn child.

Petitioner, in his capacity as Westchester County Commissioner of Social Services, commenced this article 78 proceeding, later converted into an action for a declaratory judgment (CPLR 103, subd [c]), to have declared invalid certain Department of Social Services...

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