Bowen v. State Board of Social Welfare

This is an appeal by the defendants from an order of the Supreme Court at Special Term, entered November 5, 1975 in Nassau County, which denied their motion to dismiss the plaintiffs’ complaint, which seeks a declaratory judgment and injunctive relief, on the grounds, inter alia, of lack of standing, failure to exhaust administrative remedies and failure to state a cause of action. We affirm.

The threshold question presented by the defendants’ appeal is whether, under the circumstances of the instant case, a municipality, as a creature and instrumentality of the State, *236can compel the State,…