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In the Matter of Pauline McLellan v. Stephen Berger, as Commissioner of the New York State Department of Social Services
Judgment unanimously reversed, without costs, and petition dismissed for the reasons stated in Matter of Avery v Berger (56 AD2d 725). (Appeal from judgment of Onondaga Supreme Court—art 78.) Present—Cardamone, J. P., Simons, Dillon, Goldman and Witmer, JJ.