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MATTER OF CLAUDIO v. DOWLING

89 N.Y.2d 567 (1997)

678 N.E.2d 1211

656 N.Y.S.2d 599

In the Matter of Alice Claudio, Appellant, v. Michael Dowling, as Commissioner of the New York State Department of Social Services, et al., Respondents. Elba Vera et al., Individually and on Behalf of all Other Persons Similarly Situated, Appellants, v. Michael Dowling, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 18, 1997.

Attorney(s) appearing for the Case

Eugene Prosnitz, Steven Godeski, Marshall Green, Ian F. Feldman, Bronx, Collin D. Bull and Joshua E. Goldfein, New York City, for appellants in the first above-entitled proceeding and second above-entitled action.

Dennis C. Vacco, Attorney-General, New York City (Kathleen P. Murray, Barbara Billet, Thomas Donald Hughes and Darrell M. Joseph of counsel), for respondents in the first above-entitled proceeding and second above-entitled action.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

The primary issue in these appeals is whether foster parents have standing to request a fair hearing from the State when the City denies or fails to act on a foster parent's request for foster care maintenance payments1 at a particular rate and the children cared for no longer reside with the foster parents at the time the request...

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