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ALLEN v. BLUM

85 A.D.2d 228 (1982)

Earthlene Allen et al., Respondents, and Roger Anderson, Intervenor-Respondent, v. Barbara B. Blum, as Commissioner of The State of New York Department of Social Services, Appellant, et al., Defendant

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

March 11, 1982

Attorney(s) appearing for the Case

Gerald Slotnik (Arlene R. Silverman with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Ian F. Feldman of counsel (David Goldfarb, attorney), for respondents and intervenor-respondent.

SANDLER, MARKEWICH and LUPIANO, JJ., concur with FEIN, J.; KUPFERMAN, J. P., dissents in an opinion.

FEIN, J.

In this declaratory judgment action, defendant Barbara B. Blum, Commissioner of the State Department of Social Services (State Commissioner), appeals from an order, Supreme Court, New York County (H. SCHWARTZ, J.), entered July 23, 1980 denying her motion to dismiss the complaint of plaintiffs-respondents who are recipients of home relief, whose public assistance was discontinued for failure to do an...

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