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French v. Blum

54 N.Y.2d 1017 Court N.Y. Decision date 1981-10-29 English

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p. 1017
In the Matter of Shirley French, Appellant, v Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.
Decided October 29, 1981
p. 1019
APPEARANCES OF COUNSEL
Pamela Fasick for appellant.
Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for Barbara Blum, as Commissioner of the New York State Department of Social Services, respondent.
Robert I. Williamson, County Attorney (Paul N. Tavelli of counsel), for Robert Wagner, as Commissioner of the Tompkins County Department of Social Services, respondent.

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the judgment of Supreme Court, Tompkins County, reinstated. The Appellate Division erred, as a matter of law, in confirming respondents’ determination reducing petitioner’s monthly grant of public assistance in disregard of the provisions of the regulations of the Department of Social Services (18 NYCRR 352.31 [d]; see Matter of Goloty v Smith, 70 AD2d 642 ; Matter of Hetrick v Reed, 60 AD2d 761 ; Matter of Badame v Berger, 55 AD2d 931 ).

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

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