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Paige v. D'Elia

39 N.Y.2d 981 Court N.Y. Decision date 1976-07-06 English

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p. 981
In the Matter of Florence Paige, Appellant, v Joseph D’Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents. In the Matter of Ethel McCoun, Appellant, v Joseph D’Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents.
Argued June 10, 1976;
decided July 6, 1976
p. 982
Elliott Goldhush for Florence Paige, appellant.
Leonard S. Clark and Walter P. Zulkoski for Ethel McCoun, appellant.
Louis J. Lefkowitz, Attorney-General (Peter A. Berkowsky, Samuel A. Hirshowitz, Herbert J. Wallenstein and Joseph F. Wagner of counsel), for Abe Lavine as Commissioner of the New York State Department of Social Services, respondent.

In the first above-entitled proceeding: Order reversed, without costs, the petition granted, the administrative determination annulled and the proceeding remitted to the Supreme Court, Nassau County, with directions to remand to the Nassau County Department of Social Services for appropriate disposition (see Matter of Mondello v D’Elia, 39 NY2d 978 , decided herewith).

In the second above-entitled proceeding: Judgment reversed, without costs, the petition granted, the administrative determination annulled and the proceeding remitted to the Supreme Court, Nassau County, with directions to remand to the Nassau County Department of Social Services for appropriate disposition (see Matter of Mondello v D’Elia, 39 NY2d 978 , decided herewith).

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

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