From Casetext: Smarter Legal Research

Matter of Calvi v. Dumpson

Court of Appeals of the State of New York
Oct 4, 1977
369 N.E.2d 757 (N.Y. 1977)

Opinion

Argued September 2, 1977

Decided October 4, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.

Arthur C. Snitjer, Emilio Gautier and Ira S. Schneider for appellant.

Louis J. Lefkowitz, Attorney-General (William J. Lee, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for James R. Dumpson, respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The hearing officer and the Commissioner of Social Services assigned an incorrect reason for denial of reimbursement for burial expenses. Normally if there were not a reversal there should be a remittal. (Matter of Barry v O'Connell, 303 N.Y. 46; cf. Matter of Montauk Improvement v Proccacino, 41 N.Y.2d 913.) Where, however, as here, petitioner's claim must fail as a matter of law in view of the affirmed finding of fact that the deceased was not a "`recipient of public assistance and care'" within the meaning of subdivision 4 of section 141 of the Social Services Law, no useful purpose would be served by a remittal.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Calvi v. Dumpson

Court of Appeals of the State of New York
Oct 4, 1977
369 N.E.2d 757 (N.Y. 1977)
Case details for

Matter of Calvi v. Dumpson

Case Details

Full title:In the Matter of HENRY CALVI, Appellant, v. JAMES R. DUMPSON, as…

Court:Court of Appeals of the State of New York

Date published: Oct 4, 1977

Citations

369 N.E.2d 757 (N.Y. 1977)
369 N.E.2d 757
399 N.Y.S.2d 201