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MATTER OF AUMICK v. BANE

161 Misc.2d 271 (1994)

612 N.Y.S.2d 766

In the Matter of George Aumick et al., Individually and on Behalf of All Others Similarly Situated, Petitioners, and Joyce Aldridge, Individually and on Behalf of All Others Similarly Situated, Petitioner-Intervenor, v. Mary Jo Bane, as Commissioner of the New York State Department of Social Services et al., Respondents.

Supreme Court, Monroe County.

May 18, 1994

Attorney(s) appearing for the Case

Monroe County Legal Assistance Corp. (Martha Alice Roberts, C. Kenneth Perri and Catherine A. Diviney of counsel), and Southern Tier Legal Services (Jan Walker of counsel), for petitioners and petitioner-intervenor. G. Oliver Koppell, Attorney-General (William J. Goldman of counsel), for Mary Jo Bane, respondent. John W. Park, County Attorney (Barry McFadden of counsel), for Gary Fritz, as Commissioner of Ontario County Department of Social Services, respondent. Mary M. Sullivan for Ronald Hackett, as Commissioner of Cattaraugus County Department of Social Services, respondent. John M. Sipos, County Attorney (Emil J. Bove, Jr., of counsel), for Charles Schillaci, as Commissioner of Seneca County Department of Social Services, respondent. NOW Legal Defense and Education Fund (Martha F. Davis and Sangetta Prasad of counsel), amicus curiae.

RAYMOND E. CORNELIUS, J.

This is a combined proceeding, pursuant to CPLR article 78, and declaratory judgment action, under CPLR 3001. The litigation has been commenced on behalf of the petitioners, including the petitioner-intervenor, and also on behalf of a proposed class of public assistance applicants and recipients of Home Relief, who will have resided in the State of New York for less than six months...

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