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NEW YORK HOSP. v. KRAUSKOPF

98 A.D.2d 667 (1983)

New York Hospital — Westchester Division, Respondent, v. James A. Krauskopf, as Commissioner of Social Services of The City of New York, et al., Appellants New York Hospital — Payne Whitney Division, Respondent, v. James A. Krauskopf, as Commissioner of Social Services of The City of New York, et al., Appellants New York Hospital, Respondent, v. James A. Krauskopf, as Commissioner of Social Services of The City of New York, et al., Appellants New York Hospital, Respondent, v. James A. Krauskopf, as Commissioner of Social Services of The City of New York, et al., Appellants

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

December 20, 1983

The complaints fail to state a cause of action against the State commissioner. They fail to allege that the State commissioner has failed to perform any duty imposed upon her. It is clear that at a minimum the action is premature as against the State commissioner. There is further a serious question whether, insofar as the action purports to be directed against the State commissioner, it is really one against the State for payment of a sum of money, as to which only the Court...

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