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MATTER OF McBRIDE v. PEREZ

80 A.D.2d 584 (1981)

In the Matter of James McBride et al., Appellants, v. Karin E. Perez, as Deputy Commissioner of The Division of Adult Residential Care of the Department of Social Services, et al., Respondents

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

February 9, 1981

Judgment modified, on the law, by (1) reinstating that part of the petition which sought a determination that the letters dated December 21, 1979, sent by respondent Perez to residents and operators of residential care facilities "were an abuse of discretion, and were arbitrary and capricious", (2) converting the afore-mentioned portion of the petition into an action for a declaratory judgment, and (3) declaring that the letters dated December 21, 1979 sent by respondent...

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