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MATTER OF BERMAN v. NEW YORK STATE DEPT. OF SOCIAL SERVS.

10373, 402655/11.

107 A.D.3d 509 (2013)

967 N.Y.S.2d 68

2013 NY Slip Op 4440

In the Matter of NINA BERMAN, Petitioner, v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 13, 2013.

Although petitioner failed to sue any proper respondent, instead bringing this proceeding against the nonexistent "New York State Department of Social Services," the New York State Attorney General has appeared and does not seek dismissal of the proceeding on this ground, and NYCDSS is not a necessary party (see Matter of Feliz v Wing, 285 A.D.2d 426, 426 [1st Dept 2001], lv dismissed 97 N.Y.2d 693

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