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.