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MATTER OF VICKERS v. TOIA

66 A.D.2d 747 (1978)

In the Matter of Vanessa Vickers, Appellant, v. Philip L. Toia, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

December 28, 1978

The fact of a sex change from male to female is not without precedent. (Cf. Raskind v Raskind, 62 A.D.2d 952.) The commissioner determined that there was an insufficient showing, however, that the operation sought fell within the purview of subdivision 2 of section 365-a of the Social Services Law in that it was necessary to cure a condition that might cause "acute suffering, endanger life, result in illness or infirmity, [or] interfere...

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