In the Matter of Annie Lee et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. J. Henry Smith, as Commissioner of the New York City Department of Social Services, Respondent, and Philip L. Toia, as Acting Commissioner of the New York State Department of Social Services, Appellant

In the Matter of Annie Lee et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v J. Henry Smith, as Commissioner of the New York City Department of Social Services, Respondent, and Philip L. Toia, as Acting Commissioner of the New York State Department of Social Services, Appellant. [MAJORITY] — Judgment, Supreme Court, New York County, entered on October 20, 1976, unanimously affirmed for the reasons stated by Helman, J., at Special Term, without costs and without disbursements. Leave to appeal to the Court of Appeals granted and this court, pursuant to CPLR 5713, states that questions of law have arisen which ought to be reviewed by the Court of Appeals. Concur — Murphy, P. J., Kupferman, Evans, Capozzoli and Lane, JJ. [87 Misc 2d 1018.]