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MATTER OF PAYNE v. SUGARMAN

31 N.Y.2d 845 (1972)

In the Matter of Jean Payne, Individually and on Behalf of Her Minor Children, Respondent, v. Jule Sugarman, as Commissioner of the New York City Department of Social Services, Respondent, and George Wyman, as Commissioner of the New York State Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1972.

Attorney(s) appearing for the Case

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

Eugene Prosnitz for petitioner-respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judge BREITEL dissents and votes to reverse in the following opinion in which Judge JASEN concurs.

Order affirmed, with costs. Since the property upon which respondent City Department of Social Services requested a mortgage was not and never had been owned in whole or in part by the petitioner, the respondent was not authorized by section 360 (subd. 1) of the Social Services Law — or any other statute — to require the petitioner to give a deed or mortgage on the aforesaid property as a condition to "the granting of aid [to dependent children] or the continuance...

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