Battle v. Lavine — 37 N.Y.2d 742

Majority

p. 742

In the Matter of Lois Battle, Individually and on Behalf of Rajeim A. Battle, an Infant, Respondent, v Abe Lavine, as Commissioner of Social Services of the State of New York, Appellant.

Argued June 12, 1975; September 19, 1975

decided June 26, 1975;

p. 743

Louis J. Lefkowitz, Attorney-General (Thomas R. Mc-Ldughlin of counsel), for appellant.

p. 744

Craig R. Olsen and Leonard S. Clark for respondent.

Order affirmed, without costs, on the concurring opinion by Mr. Justice Marcus G. Christ at the Appellate Division.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

September 19, 1975

Return of the remittitur requested by the Court of Appeals sua sponte and, when returned, it will be amended to read as follows: Order modified, without costs, in accordance with the concurring opinion by Mr. Justice Marcus G. Christ at the Appellate Division and, as so modified, affirmed.