Ciulla v. Lavine

Petitioners, recipients of public assistance, bring this article 78 proceeding to review the determina*298tion of the Commissioner of Social Services in fixing the schedule of heating allowances.

Respondent, prior to answer, has made objections in point of law. The first objection is that the petition does not state a cause of action and must, therefore, be dismissed under CPLR 3211, subd. [a], par. 7). When an attack is made upon a pleading without the submission of evidentiary material, the pleading will be liberally construed and ‘ ‘ deemed to allege whatever can be implied from its statement…