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  5. 28 N.Y.2d 434 (1971)
 

MATTER OF HOWARD v. WYMAN

28 N.Y.2d 434 (1971)

In the Matter of Betty Howard, Respondent, v. George K. Wyman, as Commissioner of the New York State Department of Social Services, Appellant, et al.

Court of Appeals of the State of New York.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (William J. Stutman, Samuel A. Hirshowitz and A. Seth Greenwald of counsel), for appellant.

Gerald Schwartz and Mark Spires for respondent.

Judges SCILEPPI, BERGAN, JASEN and GIBSON concur with Chief Judge FULD; Judges BURKE and BREITEL dissent and vote to affirm on the opinion at the Appellate Division.

Chief Judge FULD.

The petitioner, the mother of several children, is a welfare recipient whose apartment was allegedly burglarized, resulting in the loss or destruction of clothing and furniture. She thereupon applied to the New York City Social Services Department for replacement of the stolen articles, relying on section 131-a (subd. 6) of the Social Services Law which, in part, provides that "a social services...

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