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MATTER OF FRENCH v. BLUM

54 N.Y.2d 1017 (1981)

In the Matter of Shirley French, Appellant, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Pamela Fasick for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for Barbara Blum, as Commissioner of the New York State Department of Social Services, respondent.

Robert I. Williamson, County Attorney (Paul N. Tavelli of counsel), for Robert Wagner, as Commissioner of the Tompkins County Department of Social Services, respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order reversed, with costs, and the judgment of Supreme Court, Tompkins County, reinstated. The Appellate Division erred, as a matter of law, in confirming respondents' determination reducing petitioner's monthly grant of public assistance in disregard of the provisions of the regulations of the Department of Social Services (18 NYCRR 352.31 [d]; see Matter of Goloty v Smith, 70 A.D.2d 642; Matter of...

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