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EPISCOPAL v. TOIA

81 A.D.2d 480 (1981)

In the Matter of The Episcopal Church Home of Western New York et al., Appellants, v. Philip L. Toia, as Commissioner of the Department of Social Services of The State of New York, et al., Respondents

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

July 9, 1981

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Mark J. Moretti of counsel), for appellants.

Robert Abrams, Attorney-General (Peter J. Todoro and Alan W. Rubenstein of counsel), for Philip L. Toia and another, respondents.

Robert E. Casey, Jr. (Howard B. Frank of counsel), for Barry L. Van Lare, respondent.

SIMONS, HANCOCK, JR., and DOERR, JJ., concur.

DILLON, P. J.

At the threshold of this appeal requiring construction of a support and maintenance contract is the question of whether petitioners have standing to bring a CPLR article 78 proceeding to review and annul an administrative determination discontinuing medical assistance for the reason that petitioners contracted to furnish life care to applicants for medical assistance.1

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