Lefkowitz v. Burden

Judgment unanimously reversed on the facts and the law and a new trial ordered, without costs and without disbursements. Pending the trial the injunctive provisions of the judgment are to remain in effect. The decision is without prejudice to applications for discovery or for examination before trial and, if so advised, for an application to amend to bring the proceeding under article 10-A of the Social Welfare Law. Turnover of the funds to the Welfare Department is stayed pending the new trial. In this action for an injunction pursuant to subdivision 12 of section 63 of the Executive Law the…