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  5. 47 N.Y.2d 959 (1979)
 

MATTER OF GENIN v. TOIA

47 N.Y.2d 959 (1979)

In the Matter of Deborah Genin, Appellant, v. Philip L. Toia, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1979.

Attorney(s) appearing for the Case

E. Anne Hayes and John C. Gray, Jr., for appellant.

Robert Abrams, Attorney-General (Gerald Slotnik and Herbert J. Wallenstein of counsel), for Philip L. Toia, as Commissioner of the State Department of Social Services, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and supplementary grant of public assistance in the category of aid to dependent children to petitioner should be reinstated.

The Commissioner of the State Department of Social Services erred in prorating household expenses between petitioner and her nine-year-old child, a recipient of Social Security survivors' benefits. A child's Social...

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