Opinion
Argued June 5, 1978
Decided July 13, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ELLIS J. STALEY, JR., J.
Joel F. Spitzer for Pamela Clemente, appellant.
Louis J. Lefkowitz, Attorney-General (Lew A. Millenbach and Jean M. Coon of counsel), for Stephen Berger, as Commissioner of the New York State Department of Social Services, appellant.
Stanley G. Walker, Jr., Robert Lyman and Philip R. Murray for respondent.
Order reversed, with costs payable to appellant-petitioner by respondent Commissioner of the Albany County Department of Social Services, and the judgment of Supreme Court, Albany County, reinstated (Matter of Beaudoin v Toia (Jorczak), 45 N.Y.2d 343, decided herewith).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.