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BABCOCK v. ROSE

169 Misc.2d 162 (1996)

643 N.Y.S.2d 903

Lisa Babcock et al., Petitioners, v. Steven D. Rose, as Commissioner of Oswego County Department of Social Services, et al., Respondents.

Supreme Court, Oswego County.

April 22, 1996

Attorney(s) appearing for the Case

Legal Services of Central New York, Inc. (Heidi Siegfried of counsel), for petitioners. Seiter Law Offices (Kathryn G. Wolfe of counsel), for Steven D. Rose, respondent. Dennis C. Vacco, Attorney-General (Roger B. Williams of counsel), for Brian Wing, as Acting Commissioner of New York State Department of Social Services, respondent.

ROBERT G. HURLBUTT, J.

In a proceeding under CPLR article 78, petitioners seek review of respondents' determination that under the regulations of the Department of Social Services, their children were ineligible for Aid to Dependent Children (ADC) benefits for a period of three months after a child in the family unit became categorically ineligible.

The facts are undisputed. Petitioner Babcock resides...

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