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MTR. OF WALKER v. SHANG

66 A.D.2d 6 (1979)

In the Matter of Carl Walker, Appellant, v. Carmen Shang, as Acting 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, Second Department.

January 22, 1979

Attorney(s) appearing for the Case

Leonard S. Clark (Douglass J. Seidman of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Gerald Slotnik, Herbert J. Wallenstein and Samuel A. Hirshowitz of counsel), for State Commissioner, respondent.

Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel; Kathryn E. Driscoll on the brief), for County Commissioner, respondent.

HOPKINS, J. P., and GULOTTA, J., concur; MARTUSCELLO, J., dissents and votes to affirm the judgment.

SHAPIRO, J.

In this CPLR article 78 proceeding, the petitioner appeals from a judgment dismissing his petition which, inter alia, requested the court to compel the respondents to reduce the mortgage lien on his home to reflect the amount he earned by reason of his work on a public works project. The petitioner was assigned to work on the public works project as an employable recipient of home relief in accordance...

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