Chautauqua County Dept. of Social Services v. McNeely

• Decision Date: 06 July 1979
• Parties: CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, Charles V. Fiorella, Commissioner, Appellant, v. Gloria McNEELY, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 360

419 N.Y.S.2d 360

71 A.D.2d 807

CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, Charles V.

Fiorella, Commissioner, Appellant, v. Gloria McNEELY, Respondent.

Supreme Court, Appellate Division, Fourth Department.

July 6, 1979.

Wayne T. Herrick, Mayville, for appellant.

Peter D. Clark, Asst. Pub. Defender, Fredonia, for respondent.

Before DILLON, P. J., and SCHNEPP, CALLAHAN, WITMER and MOULE, JJ.

MEMORANDUM:

Order unanimously affirmed without costs for the reason, as stated in the decision at Family Court, Hallenbeck, J., that the word "dead" as used in section 384-b (subd. 4, par. (a)) of the Social Services Law is not to be interpreted as including a person deemed "civilly dead" pursuant to section 79-a (subd. 1) of the Civil Rights Law. We add only that if there is merit to petitioner's argument that policy considerations favor a contrary construction, it is for the legislature, not the judiciary, to make an appropriate declaration (Matter of Annonymous (St. Christopher's Home), 40 N.Y.2d 96, 102, 386 N.Y.S.2d 59, 62, 351 N.E.2d 707, 710; Application of Siebert, Misc., 415 N.Y.S.2d 589, 596-597).