Dunn v. Bates — 41 N.Y. 1031

Majority

p. 1031

In the Matter of Joan Dunn, Individually and on Behalf of Her Minor Dependent Child and on Behalf of Josephine Kuhl and All Others Similarly Situated, Respondent, v Charles Bates, as Commissioner of the Westchester County Department of Social Services, et al., Appellants.

Argued March 24, 1977;

decided April 28, 1977

p. 1032

Gerald Harris, County Attorney (Jonathan Lovett of counsel), for Westchester County Commissioner of Social Services, appellant.

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

Martin A. Schwartz for respondent.

Order reversed, without costs, and the matter remitted to Supreme Court, Westchester County, with directions to dismiss the proceeding for mootness.

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