Yashio Enomoto v. Toia — 50 N.Y.2d 826

Majority

p. 826

In the Matter of Yashio Enomoto et al., Respondents, v Philip Toia, as Acting Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent. In the Matter of Cheng San Chen et al., Respondents, v Philip L. Toia, as Acting Commissioner of the State of New York Department of Social Services, Appellant, et al., Respondent.

Argued April 24, 1980;

decided May 29, 1980

p. 828

APPEARANCES OF COUNSEL

Robert Abrams, Attorney-General (Alan W. Rubenstein and Shirley Adelson Siegel of counsel), for appellants.

Bernard B. Freedman and Rose H. Sconiers for petitioners-respondents.

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court ( 67 AD2d 1085 ).

The regulation of the State Department of Social Services as amended March 9, 1979 (18 NYCRR 349.3) is not applicable to either of the present cases. Accordingly, we have not considered what effect it might have on fact situations similar to those in the cases now before us.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

In each case: Order affirmed, with costs, in a memorandum.