Kane v. Parry — 41 N.Y. 1051

Majority

p. 1051

In the Matter of Nina Kane, on Her Own Behalf and on Behalf of All Others Similarly Situated, Appellant, v Henry G. Parry, Jr., as Commissioner of the Orange County Department of Social Services, et al., Respondents.

Argued April 25, 1977;

decided April 28, 1977

p. 1052

Philip M. Gassel and Lawrence Alexander for appellants.

Louis J. Lefkowitz, Attorney-General (Peter A. Berkowsky, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for Abe Lavine, Commissioner of the New York State Department of Social Services, respondent.

p. 1053

Order reversed, with costs, and the judgment of Supreme Court, Orange County, reinstated on the opinion by Mr. Justice John W. Sweeny at Special Term and the dissenting memorandum by Mr. Justice James D. Hopkins at the Appellate Division. In the interests of administrative and judicial economy the better discretion would have been to proceed expeditiously with the fair hearings.

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