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CHILD & SERV. v. TOIA

46 N.Y.2d 446 (1979)

In the Matter of Child and Family Service of Syracuse and Onondaga County, Respondent, v. Philip L. Toia, as Commissioner of New York State Department of Social Services, Respondent, and John Lascaris, as Commissioner of the Onondaga County Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 1979.

Attorney(s) appearing for the Case

John A. Barnaba and James H. Hughes for appellant.

Thomas E. Myers and John M. Freyer for Child and Family Service of Syracuse and Onondaga County, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion.

Per Curiam.

Section 366 (subd 1, par [a], cl [5]) of the Social Services Law requires that "Medical assistance shall be given * * * to a person who requires such assistance and who * * * although not receiving nor in need of public assistance or care for his maintenance under other provisions of this chapter, has not, * * * sufficient income and resourses, including available support from responsible relatives, to...

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