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FISCHER v. TAUB

127 Misc.2d 518 (1984)

Yolanda Fischer et al., Collectively Known as the Operator of Lincoln Square Home for Adults, Appellants-Respondents, v. Muriel Taub et al., Respondents, and New York State Department of Social Services, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

December 11, 1984

Attorney(s) appearing for the Case

Honig & Smerling and Graubard Moskovitz McGoldrick Dannett & Horowitz (Stephen J. Orbach of counsel), for appellants-respondents. Robert Abrams, Attorney-General (Paul Glickman, Donna Miller and Ed Watkins of counsel), for respondent-appellant. Lanser & Wendt and Hartman, Ule & Rose (Robert S. Hartman of counsel), for respondents. Walter & Peck (Alan L. Peck of counsel), for Empire State Association of Adult Homes, amicus curiae.

HUGHES, J. P., SANDIFER and PARNESS, JJ., concur.

Per Curiam.

Order entered July 16, 1984, insofar as appealed from, is reversed, with $10 costs; the respondents' motion to dismiss the petitions in these consolidated proceedings is denied and the petitions are thus reinstated; the petitioners' cross motion to dismiss the first and third affirmative defense and second counterclaim and to strike respondents' jury demand is granted; and the matter is remanded to the Civil...

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