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MATTER OF ENOMOTO v. TOIA

50 N.Y.2d 826 (1980)

In the Matter of Yashio Enomoto et al., Respondents, v. Philip Toia, as Acting Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent. In the Matter of Cheng San Chen et al., Respondents, v. Philip L. Toia, as Acting Commissioner of the State of New York Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and Shirley Adelson Siegel of counsel), for appellants.

Bernard B. Freedman and Rose H. Sconiers for petitioners-respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court (67 A.D.2d 1085).

The regulation of the State Department of Social Services as amended March 9, 1979 (18 NYCRR 349.3) is not applicable to either of the present cases. Accordingly, we have not considered what effect it might have on fact...

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