Opinion
Decided October 29, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT E. FISCHER, J.
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.
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 N.Y.CRR 352.31 [d]; see Matter of Goloty v Smith, 70 A.D.2d 642; Matter of Hetrick v Reed, 60 A.D.2d 761; Matter of Badame v Berger, 55 A.D.2d 931).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.