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Gaillard v. Lavine

40 N.Y.2d 916 Court N.Y. Decision date 1976-10-28 English

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p. 916
In the Matter of Verlene Gaillard et al., Respondents, v Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Appellants.
Argued October 18, 1976;
decided October 28, 1976

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Since the order of the Appellate Division directs the Department of Social Services to process the claims of the individual petitioners on the merits, the remand contemplates more than merely ministerial action. (Cohen and Karger, Powers of the New York Court of Appeals, § 11, p 47.)