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PHILADELPHIA DHS v. DEPT. OF PUBLIC WELFARE

941 A.2d 766 (2008)

The CITY AND COUNTY OF PHILDELPHIA on behalf of the PHILDELPHIA DEPARTMENT OF HUMAN SERVICES, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 30, 2008.

Attorney(s) appearing for the Case

Shelley R. Smith and Raegen T. Smith, e Philadelphia, for petitioner.

Daniel Fellin, Asst. Counsel, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

The City and County of Philadelphia, Department of Human Services (DHS) appeal an order of the Secretary of the Department of Public Welfare (Department) dismissing DHS's request for an administrative hearing.1 DHS sought a hearing on the Department's tentative allocation of the Governor's proposed budget for children and youth services. Agreeing with the Department that the matter of a Secretary's recommendation...

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