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MATTER OF DUNBAR v. TOIA

45 N.Y.2d 764 (1978)

In the Matter of Isamae Dunbar et al., Respondents, v. Philip Toia, as Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein, Samuel A. Hirshowitz and Gerald Slotnik of counsel), for Philip Toia, appellant.

Stuart Miller, John Falk, Ellice Fatoullah, Michael D. Hampden and Ian F. Feldman for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion; Judge JASEN dissents and votes to reverse in a separate opinion.

Per Curiam.

We agree with the Appellate Division that in this instance petitioner Linda Dunbar, a recipient of aid to dependent children for herself and her two children, was entitled "[t]o examine the contents of [her] case file and all documents and records to be used by the agency at the [fair] hearing" to be held in response to her request therefor.

In February, 1977 Linda requested a fair hearing with...

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