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ALLEN v. BLUM

58 N.Y.2d 954 (1983)

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.

Court of Appeals of the State of New York.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maryellen Weinberg and Peter H. Schiff of counsel), for appellant.

Ian F. Feldman and David Goldfarb for respondents and intervenor-respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The only issues raised by the commissioner's motion to dismiss were whether a declaratory judgment action could be brought against her and whether the complaint stated a cause of action. We agree with the courts below that because the action seeks review of a continuing policy, a declaratory judgment class action rather than individual...

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