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MTR. OF BANKS v. WYMAN

39 A.D.2d 215 (1972)

In the Matter of Hugh Banks et al., Appellants-Respondents, v. George K. Wyman, as Commissioner of Social Services of The State of New York, Respondent-Appellant et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Maryellen Weinberg of counsel), for respondent-appellant.

Leonard S. Clark (Burr C. Hollister of counsel), for appellants-respondents.

MARTUSCELLO and BENJAMIN, JJ., concur with SHAPIRO, J.; MUNDER, Acting P. J., dissents and votes to reverse, to confirm the determination and to dismiss the proceeding, with an opinion, in which CHRIST, J., concurs.

SHAPIRO, J.

The Commissioner of the Department of Social Services of the State of New York appeals from a judgment awarding the petitioners, recipients of public assistance, a public assistance grant of $623 to pay the balance owing and unpaid to Sears, Roebuck & Co. (Sears) on a space heating system for the second story of a house which is owned and used by the petitioners as their residence. The petitioners...

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