Kaplan v. Nassau County Dept. of Social Servs.

• Decision Date: 30 March 1970
• Parties: Adelaide KAPLAN, etc., Respondent, v. NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 1020

309 N.Y.S.2d 1020

34 A.D.2d 575

Adelaide KAPLAN, etc., Respondent, v. NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

March 30, 1970.

Leonard S. Clark, Mineola, for petitioner-respondent; Burr C. Hollister, Mineola, of counsel.

Morris H. Schneider, County Atty. of Nassau County, Mineola, for respondent-appellant; A. Thomas Levin, Deputy County Atty., of counsel.

In a proceeding pursuant to article 78 of the CPLR, the appeal is from an order of the Supreme Court, Nassau County, dated August 1, 1969, which Inter alia directed appellant to provide respondent an emergency shelter allowance for three months. Order affirmed, without costs. In our opinion, under the particular facts of the instant case, it seems evident that the recitals contained in the order under review mandated that appellant properly pay the sums in issue, as contemplated by the Regulations of the Department of Social Services (18 NYCRR Part 372).

RABIN, Acting P.J., and MUNDER, MARTUSCELLO, BRENNAN and BENJAMIN, JJ., concur.