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MATTER OF CLEMENTE v. FAHEY

45 N.Y.2d 756 (1978)

In the Matter of Pamela Clemente, Appellant, v. John J. Fahey, as Commissioner of the Albany County Department of Social Services, Respondent, and Stephen Berger, as Commissioner of the New York State Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Joel F. Spitzer for Pamela Clemente, appellant.

Louis J. Lefkowitz, Attorney-General (Lew A. Millenbach and Jean M. Coon of counsel), for Stephen Berger, as Commissioner of the New York State Department of Social Services, appellant.

Stanley G. Walker, Jr., Robert Lyman and Philip R. Murray for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed, with costs payable to appellant-petitioner by respondent Commissioner of the Albany County Department of Social Services, and the judgment of Supreme Court, Albany County, reinstated (Matter of Beaudoin v Toia (Jorczak), 45 N.Y.2d 343, decided...

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