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MATTER OF KELLY v. BANE

192 A.D.2d 236 (1993)

In the Matter of Donna Kelly et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, and Andrea McSwain et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Respondents, v. Mary Jo Bane, as Commissioner of The New York State Department of Social Services, Appellant, et al., Defendants

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

July 22, 1993

Attorney(s) appearing for the Case

Judy E. Nathan of counsel (Robert Abrams, Attorney-General, attorney), for appellant.

Richard E. Blum of counsel (Jane Booth, Jean T. Schneider, Susan C. Bahn and Marcella Silverman with him on the brief; attorneys), for respondents and intervenors-respondents.

CARRO, J. P., WALLACH, ROSS and RUBIN, JJ., concur.

ELLERIN, J.

Plaintiffs-respondents and plaintiffs-intervenors-respondents are low-income families and individuals facing eviction and homelessness as a result of rent arrears. Plaintiffs commenced this combined declaratory judgment and CPLR article 78 proceeding against the Commissioner of the New York State Department of Social Services (DSS) seeking, inter alia, a declaration that an amendment to the...

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