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MTR. OF GABEL v. TOIA

64 A.D.2d 267 (1978)

In the Matter of Monica Gabel et al., on Behalf of Themselves and Their Minor Children, Respondents, v. Philip Toia, as Commissioner of The New York State Department of Social Services, Appellant, and James Reed, as Director of The Monroe County Department of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 3, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Charles J. Genese of counsel), for appellant.

Marianne Artusio for Monica Gabel and another, respondents.

MARSH, P. J., SIMONS, DILLON and SCHNEPP, JJ., concur.

CARDAMONE, J.

We are called upon to decide whether proration of a home relief grant plainly authorized by the Department of Social Services Regulations (18 NYCRR 352.30 [d]) is in conflict with the intent of sections 131 and 131-a of the Social Services Law. We believe that there is a conflict and that the challenged regulation may not stand.

This appeal is from a judgment granted at Special Term in an...

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