Mann v. Lavine — 40 N.Y.2d 944

Majority

p. 944

In the Matter of Lorraine Mann et al., Individually and on Behalf of Their Minor Children and All Other Persons Similarly Situated, Respondents, v Abe Lavine, as Commissioner of the New York State Department of Social Services, Appellant, and Noah Weinberg, as Commissioner of the Rockland County Department of Social Services, Respondent.

Argued October 21, 1976;

decided November 18, 1976

p. 945

Louis J. Lefkowitz, Attorney-General (Harold Henry, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for appellant.

Alton L. Abramowitz for petitioners-respondents.

Dorothy P. Loeb-Gumper for Noah Weinberg, respondent.

Judgment affirmed, without costs, on the memorandum at the Appellate Division ( 49 AD2d 879 ). In affirming the court

p. 946

observes that time and expense of appellate litigation would have been easily obviated by a change in the department regulations.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.