Citation Codes Equivalent Citations citation codes Attorney(S) Leonard S. Clark, Carl Jay Nathanson Barry Strom for Louis J. Lefkowitz, Attorney-General (William J. Lee of counsel), for See more information ... Smart Summary Please sign up to generate summary. In the Matter of MARILYN SCARPELLI et al., Individually and on Behalf of Their Infant Children and All Those Similarly Situated, Appellants, v. ABE LAVINE, as Commissioner of the New York State Department of Social Services, et al., Respondents Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. (See Matter of Bernard v Lavine, 37 N.Y.2d 773; Lizza Ind. v Long Is. Light. Co., 36 N.Y.2d 754; Walker v Sears, Roebuck Co., 36 N.Y.2d 695.)