MacGaffick v. Lavine — 38 N.Y.2d 719

Majority

p. 719

In the Matter of Thelma MacGaffick, Appellant, v Abe Lavine, as Commissioner of the New York State Department of Social Services, Respondent.

Argued October 21, 1975;

decided November 20, 1975

p. 720

Jason Karp for appellant.

Louis J. Lefkowitz, Attorney-General (Eileen A. Sullivan and Ruth Kessler Toch of counsel), for respondent.

Memorandum. The order of the Appellate Division should be affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division concerning the discretionary powers of the commissioner in the interpretation of the applicable statutes and regulations.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

p. 721

Order affirmed.