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MATTER OF FAIRLY v. FAHEY

75 A.D.2d 158 (1980)

In the Matter of Elbert Fairly, on Behalf of His Minor Child Alkeesha and All Others Similarly Situated, Appellants, 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.

June 19, 1980

Attorney(s) appearing for the Case

Michael J. Moore for appellants.

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

Robert Abrams, Attorney-General (Clifford A. Royael, Shirley Adelson Siegel and Alan W. Rubenstein of counsel), for Barbara Blum, respondent.

KANE, J. P., STALEY, JR., and MIKOLL, JJ., concur with CASEY, J.; HERLIHY, J., concurs in a separate opinion in which KANE, J. P., STALEY, JR., and MIKOLL, JJ., concur.

CASEY, J.

The infant petitioner is the recipient of Aid to Families with Dependent Children (ADC) (US Code, tit 42, § 601 et seq.). Her father, who petitions herein on her behalf, is a member of her household and a recipient of Supplemental Security Income (SSI) (US Code, tit 42, § 1381 et seq.). Respondent Albany County Department of Social Services (Albany County) recomputed and reduced...

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