MTR OF RIVERA v. TOIA


92 Misc.2d 23 (1977)

In the Matter of Jose Rivera, Petitioner, v. Philip L. Toia, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Monroe County.

November 17, 1977


Attorney(s) appearing for the Case

Joanne C. Betlem for petitioner. Louis J. Lefkowitz, Attorney-General (Charles J. Genese of counsel), for Philip L. Toia, respondent. Frank P. Celona for Gabriel T. Russo, respondent.


ELIZABETH W. PINE, J.

On January 1, 1977, the six-year-old daughter of petitioner died. At the time of her death, the child was a recipient of public assistance.

The expenses of the burial arranged by petitioner totaled $864. The maximum allowable grant from Social Services for burial of a child under age seven is $335.

Petitioner sought a burial allowance of $335 from the Department of Social Services. The request was denied and the denial...

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