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MATTER OF MENDELSOHN v. TOIA

46 N.Y.2d 823 (1978)

In the Matter of Ben Mendelsohn, Respondent, v. Philip L. Toia, Individually and as Commissioner of the New York State Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Sanford Peyser, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for Philip L. Toia, as Commissioner of the New York State Department of Social Services, appellant.

Samuel S. Yasgur, County Attorney (Evelyn K. Isaac and Jonathan Lovett of counsel), for Charles W. Bates, as Commissioner of the Westchester County Department of Social Services, appellant.

Gerald A. Norlander and Martin A. Schwartz for respondent.

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

MEMORANDUM.

The order appealed from should be reversed, without costs.

Petitioner's request for public assistance to finance the expense of his wife's funeral was properly denied. Subdivision 3 of section 141 of the Social Services Law provides that the public welfare official for an area may pay all or part of the funeral expenses "[w]hen burial arrangements for a recipient of public assistance or care are made by...

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