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Matter of Bates v. Wyman

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1971
36 A.D.2d 854 (N.Y. App. Div. 1971)

Opinion

April 26, 1971


Appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 1970, in an article 78 CPLR proceeding, which annulled a departmental determination and remanded the matter for a hearing to determine the appropriate relief. Judgment affirmed, without costs. The record shows that petitioner and her family were deprived of furnishings and clothing when the foreclosing mortgagee on the premises where they lived carted away and disposed of these items while they were out of their apartment. We do not deem it necessary on this record to decide whether these circumstances constitute a "catastrophe" so as to permit relief under subdivision 6 of section 131-a Soc. Serv. of the Social Services Law, since in any event, petitioner was thereby rendered "destitute" and was entitled to "emergency assistance" pursuant to section 350-j thereof and 18 NYCRR 372.4. Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.


Summaries of

Matter of Bates v. Wyman

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1971
36 A.D.2d 854 (N.Y. App. Div. 1971)
Case details for

Matter of Bates v. Wyman

Case Details

Full title:In the Matter of BARBARA O. BATES, Respondent, v. GEORGE K. WYMAN, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 26, 1971

Citations

36 A.D.2d 854 (N.Y. App. Div. 1971)

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