Bernstein v. Toia — 58 A.D.2d 528

Majority

p. 528

In the Matter of Betty Bernstein et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v Philip L. Toia, as Commissioner of the New York State Department of Social Services, et al., Appellants.

— Leave to appeal to this court having been granted by Kupferman, J., order of the Supreme Court, New York County, entered on November 3, 1976, unanimously affirmed for the reasons stated by Ascione, J., at Special Term, without costs and without disbursements. Leave to appeal to the Court of Appeals granted and the following question certified: "Was the order of the Supreme Court as affirmed by this court, properly made?” Concur — Murphy, P. J., Kupferman, Evans, Capozzoli and Lane, JJ.