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MATTER OF FROEHLICH v. TOIA

71 A.D.2d 824 (1979)

In the Matter of Frederick Froehlich et al., Appellants, and Leo Preston et al., Intervenors-Appellants, 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, Fourth Department.

July 13, 1979

Judgment unanimously affirmed, without costs.

Memorandum:

Petitioner and intervenors brought this CPLR article 78 proceeding seeking to review a determination of respondent State Commissioner of Social Services which denied retroactive effect to a Court of Appeals determination in Matter of Dumbleton v Reed (40 N.Y.2d 586). Petitioners appeal only from that part of the judgment at Special Term that denied their motion...

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