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MATTER OF KAHN v. SMITH

60 A.D.2d 869 (1978)

In the Matter of Nathan Kahn, Appellant, v. J. Henry Smith, as Commissioner of The New York City Department of Social Services, et al., Respondents

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

January 16, 1978

Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and matter remanded to the respondent commissioner for further proceedings not inconsistent herewith.

Unless the Department of Social Services can show that petitioner is not in need of the emergency public assistance and care which he is unable to provide for himself, it must furnish him assistance (NY Const, art XVII, § 1; Social Services Law, § 62, subd 1). Furthermore...

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