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CITY OF NY v. WING

252 A.D.2d 173 (1998)

682 N.Y.S.2d 714

In the Matter of City of New York, Respondent, v. Brian J. Wing, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

December 30, 1998

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Lawrence M. Martin of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Daniel Smirlock of counsel), for respondent.

CREW III, J. P., WHITE, PETERS and GRAFFEO, JJ., concur.

CARPINELLO, J.

Pursuant to the Federal Adoption Assistance and Child Welfare Act of 1980 (see, 42 USC §§ 670-679), the State is entitled to be reimbursed with Federal funds for the foster care expenses of "[q]ualifying children" (42 USC § 672 [a]), which it then distributes to local social services districts, such as petitioner (see, Social Services Law § 153 et seq....

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