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MATTER OF TOOMEY v. BLUM

54 N.Y.2d 669 (1981)

In the Matter of Martin Toomey et al., Respondents, v. Barbara B. Blum, as Acting Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 30, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and Shirley Adelson Siegel of counsel) for State Commissioner of Social Services, appellant.

James A. Robinson and Milo I. Tomanovich for Monroe County Department of Social Services, appellant.

Rene H. Reixach for respondents.

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

MEMORANDUM.

The judgment appealed from and order of the Appellate Division brought up for review should be affirmed, with costs.

The decision of the Federal District Court, which denied petitioners' request for relief for the period from September, 1976 to June 1, 1977, was based exclusively upon that court's conclusion that it had no authority to award such relief (Greklek...

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