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GRANT v. CUOMO

73 N.Y.2d 820 (1988)

Lisa Grant et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, and Carolyn Lee et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Appellants, v. Mario M. Cuomo, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Raymond L. Falls, Jr., Robert N. Hayes, Vivien Shelanski, Irene Cannon-Geary, Diane Kiesel, Frederick B. Galt, Joy F. Willig and Richard G. Primoff for appellants.

Robert Abrams, Attorney-General (Robert J. Schack and Charles Carson of counsel), for Mario M. Cuomo, as Governor of the State of New York, and another, respondents.

Peter L. Zimroth, Corporation Counsel (Frederick P. Schaffer of counsel), for Edward I. Koch, as Mayor of the City of New York, and others, respondents.

Archibald Murray, Lenore Gittis, Kalman Finkel, Helaine Barnett, Arthur Fried, Kay G. McNally, Jane M. Sufian, Shawn Leary and Steven Banks for Legal Aid Society of the City of New York, amicus curiae.

Marcia Robinson Lowry, Christopher A. Hansen and Lucy Billings for American Civil Liberties Union Children's Rights Project, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, and the certified question answered in the affirmative.

In this case arising under the Child Welfare Reform Act of 1979 (Social Services Law § 409 et seq.), a regulation of the Department of Social Services — 18 NYCRR 430.9 — states that when standards set forth in 18 NYCRR 430.9 (c), (d) or (e) are met, "...

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