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  5. 66 A.D.2d 297 (1979)
 

MTR OF ZEHNER v. FAHEY

66 A.D.2d 297 (1979)

In the Matter of Susan Zehner, Appellant, v. John Fahey, as Commissioner of The Albany County Department of Social Services, et al., Respondents

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

February 15, 1979

Attorney(s) appearing for the Case

V. Jerome Luhn for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), for Philip Toia, respondent.

Philip R. Murray (Stanley G. Walker, Jr., Robert G. Lyman and Barbara F. Smith of counsel), for John Fahey, respondent.

MAHONEY, P. J., STALEY, JR., MAIN and HERLIHY, JJ., concur.

SWEENEY, J.

The sole question on this appeal is whether the Department of Social Services can compel a 16-year-old minor who is married and living with her husband to co-operate in filing a support petition against her parents under section 101 of the Social Services Law in order to continue to receive public assistance. Special Term answered this question in the affirmative relying upon our decision in Matter...

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