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MATTER OF McCASKILL v. D'ELIA

64 N.Y.2d 636 (1984)

In the Matter of Jean McCaskill, Respondent, v. Joseph A. D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 29, 1984.

Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (Joshua A. Elkin of counsel), for appellant.

Richard M. Gaba for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and proceeding dismissed on the merits for the reasons stated in the dissenting memorandum of Justice Frank D. O'Connor at the Appellate Division (97 A.D.2d 436

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