MATTER OF PATRICK v. PERALES


67 N.Y.2d 731 (1986)

In the Matter of Katherine Patrick et al., Respondents, v. Cesar A. Perales, as Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 13, 1986.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert J. Schack, Robert Hermann and Maryellen Weinberg of counsel), for Cesar A. Perales, as Commissioner of the New York State Department of Social Services, appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Trudi Mara Schleifer of counsel), for James Krauskopf, as Commissioner of the New York City Department of Social Services, appellant.

Floyd S. Weil for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge KAYE taking no part.


MEMORANDUM.

The order of the Appellate Division should be modified by granting respondent Perales' motion to dismiss the petition as to him, and by granting respondent Krauskopf's motion to dismiss the petition to the extent that it pertains to the denial of petitioner's application for a medical subsidy. As so modified, the order should be affirmed, with costs to petitioners.

We reject respondent Krauskopf's contention...

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