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MATTER OF DUNCAN v. PERALES

135 A.D.2d 1127 (1987)

In the Matter of Helen Duncan, on Behalf of Herself and Others Similarly Situated, Respondent, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, Appellant, and Ronald B. Hackett, as Commissioner of The Cattaraugus County Department of Social Services, Respondent

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

December 18, 1987

Judgment unanimously affirmed with costs.

Memorandum:

This appeal raises a question of first impression concerning the construction of the phrase "over the age of sixty-four years" as used in Social Services Law § 366 (1) (a) (5) (i). Specifically, we are asked to decide whether the phrase refers to a person who has attained the age of 64 years, as petitioner contends, or whether it refers to a person who has attained the age of 65 years, as respondent...

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