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CORR v. WESTCHESTER SOC SERVS.

33 N.Y.2d 111 (1973)

In the Matter of Jessie M. Corr, Appellant, v. Westchester County Department of Social Services, and Department of Social Services, State of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

George P. Forbes, Jr. and James F. Donohue for appellant.

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

E. Judson Jennings and Jonathan A. Weiss for Legal Services for the Elderly Poor, amicus curiae.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur.

BREITEL, J.

Petitioner, an elderly widow living in a Westchester nursing home, brought this proceeding under article 78 of the CPLR to annul a determination by the Westchester County Department of Social Services. The department had, following a hearing, denied her "medical assistance" payments on the ground that she lacked qualifying residence in the State and county. Special Term sustained her view that she...

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