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MATTER OF ARNOLD v. REED

43 N.Y.2d 829 (1977)

In the Matter of Edward Arnold, Appellant, v. James Reed, as Director of the Monroe County Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Ian C. De Waal for appellant.

Charles G. Porreca and Charles G. Finch for James Reed, respondent.

Louis J. Lefkowitz, Attorney-General (Maurice K. Peaslee and Jean M. Coon of counsel), for Stephen Berger, Acting State Commissioner of Social Services, respondent.

Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur; Judge JONES dissents and votes to affirm in a memorandum in which Chief Judge BREITEL and Judge JASEN concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the petition granted.

In view of our holding in Matter of Lee v Smith (43 N.Y.2d 453; decided herewith) that subdivision (a) of section 158 of the Social Services Law is unconstitutional insofar as it bars SSI recipients from obtaining home relief (see L 1974, ch 1080, § 2), it is unnecessary to consider...

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