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  5. 53 N.Y.2d 896 (1981)
 

MATTER OF BOSH v. FAHEY

53 N.Y.2d 896 (1981)

In the Matter of Inez Bosh, Respondent, v. John Fahey, as Commissioner of the Albany County Department of Social Services, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 12, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and Shirley Adelson Siegel of counsel), for Barbara Blum, as Commissioner of the New York State Department of Social Services, appellant.

Robert G. Lyman, County Attorney (Alan P. Joseph and Philip R. Murray of counsel), for John Fahey, as Commissioner of the Albany County Department of Social Services, appellant.

V. Jerome Luhn for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge JONES dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

The Appellate Division concluded that, in computing a family's entitlement to public assistance benefits, the Department of Social Services must disregard any OASDI (Old-Age, Survivors' and Disability Insurance) benefits received by a family member between the ages of 18 and 22 who is currently attending...

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