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MATTER OF GREEN v. BLUM

55 N.Y.2d 908 (1982)

In the Matter of Roy Green, Respondent, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided February 9, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for appellant.

Catherine Charuk for Roy Green, respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge JONES.

Order reversed, without costs, for reasons stated in the dissenting memorandum by former Justice J. CLARENCE HERLIHY at the Appellate Division (80 A.D.2d 668) and the determination of the State commissioner...

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