Majority
p. 583In the Matter of Ruth Buhler, Respondent, v Barbara B. Blum, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the State Commissioner of Social Services, the appeal is from a judgment of the Supreme Court, Westchester County, entered October 17, 1979, which remitted the matter to the State commissioner for a new determination. Leave to appeal is hereby granted by Mr. Justice Hopkins. Judgment affirmed, without costs or disbursements. Hopkins, J. P., Titone, Rabin and Weinstein, JJ., concur.