MATTER OF MONDELLO v. D'ELIA


39 N.Y.2d 978 (1976)

In the Matter of Louise Mondello et al., Appellants, v. Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Leonard S. Clark for appellants.

Louis J. Lefkowitz, Attorney-General (Peter A. Berkowsky, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for Abe Lavine, as Commissioner of the New York State Department of Social Services, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Order of the Appellate Division reversed, without costs, the petition granted, the administrative determination annulled, and the proceeding remitted to the Supreme Court, Nassau County, with directions to remand to the Department of Social Services for appropriate disposition.

It has been successfully argued thus far by the administrative agency that it has provided a reasonable application of the homestead...

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