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Adkin v. Berger

41 N.Y. 1030 Court N.Y. Decision date 1977-04-28 English

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p. 1030
In the Matter of Annie Adkin, on Behalf of Herself and All Others Similarly Situated, Appellant, v Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents. (Proceeding No. 1.) In the Matter of Geraldine Ray et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents. (Proceeding No. 2.)
Argued March 24, 1977;
decided April 28, 1977
p. 1031
Joel F. Spitzer for appellants.
Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), for Stephen Berger, as Commissioner of the New York State Department of Social Services, respondent.
Robert Lyman, County Attorney (Stanley G. Walker, Jr., and Philip R. Murray of counsel), for John Fahey, as Commissioner of the Albany County Department of Social Services, respondent.

In each proceeding: Order affirmed, without costs. On the limited issues presented we affirm on the opinion by Mr. Justice Robert G. Main at the Appellate Division ( 50 AD2d 459 ).

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

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