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MATTER OF LIZOTTE v. JOHNSON

4 Misc.3d 334 (2004)

777 N.Y.S.2d 580

In the Matter of IRMA LIZOTTE, Petitioner, v. JOHN A. JOHNSON, as Commissioner of the New York State Office of Children and Family Services, et al., Respondents.

Supreme Court, New York County.

January 8, 2004.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (David W. Weschler and Palvi D. Mohammed of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Joseph Cardieri and Debra E. Brown of counsel), for William C. Bell, as Commissioner of the New York City Administration for Children's Services, respondent.

Eliot Spitzer, Attorney General, New York City (John P. Gasior of counsel), for John A. Johnson and another, respondents.

OPINION OF THE COURT

DORIS LING-COHAN, J.

"`The fundamental requisite of due process of law is the opportunity to be heard' . . . [which] must be tailored to the capacities and circumstances of those who are to be heard." (Goldberg v Kelly, 397 U.S. 254, 267-269 [1970].)

Pursuant to CPLR article 78, Irma Lizotte seeks, inter alia, an order reversing, annulling and vacating the decision after fair hearing dated...

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