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MATTER OF CALVI v. DUMPSON

42 N.Y.2d 1032 (1977)

In the Matter of Henry Calvi, Appellant, v. James R. Dumpson, as Commissioner of the Department of Social Services of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Arthur C. Snitjer, Emilio Gautier and Ira S. Schneider for appellant.

Louis J. Lefkowitz, Attorney-General (William J. Lee, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for James R. Dumpson, respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The hearing officer and the Commissioner of Social Services assigned an incorrect reason for denial of reimbursement for burial expenses. Normally if there were not a reversal there should be a remittal. (Matter of Barry v O'Connell, 303 N.Y. 46; cf. Matter of Montauk Improvement v Proccacino,

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