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QUEAL v. PERALES

126 Misc.2d 692 (1984)

Diana Queal, Individually and as Parent and Natural Guardian of Heather M. Queal, Plaintiff, v. Cesar A. Perales, as Commissioner of the New York State Department of Social Services, et al., Defendants.

Supreme Court, Jefferson County.

December 13, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Roger B. Williams of counsel), for defendants. Terrence J. Whelan for plaintiff.

EDWARD F. McLAUGHLIN, J.

This is an action for declaratory and injunctive relief in which the plaintiff challenges the constitutional validity and application of defendants' administrative regulation 18 NYCRR 352.29 (h), the so-called "lump sum rule". Defendant Perales here moves for summary judgment dismissing the action, and the plaintiff has cross-moved for summary judgment on behalf of her dependent child, Heather, age three.

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