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MATTER OF REYES v. DUMPSON

40 N.Y.2d 725 (1976)

In the Matter of Exio Reyes, Respondent, v. James R. Dumpson, as Commissioner of the New York City Department of Social Services, Respondent, and Abe Lavine, as Commissioner of the New York State Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph F. Wagner, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), New York City, for appellant.

Ira S. Schneider, Donald Grajales and Arthur C. Snitjer, The Bronx, for Exio Reyes, respondent.

Judges WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Judge JONES dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

GABRIELLI, J.

The petitioner and his family were recipients of a grant of home relief, a State-funded social welfare program providing cash assistance to persons ineligible for federally funded programs. In October, 1974 petitioner received two reduction notices from the Commissioner of the New York City Department of Social Services advising him that his public assistance grant would be reduced by $43.37 biweekly...

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