Opinion
July 13, 1978
Appeal from the Monroe Supreme Court.
Present — Marsh, P.J., Simons, Dillon, Denman and Witmer, JJ.
Judgment unanimously affirmed, without costs. Denman, J., not participating. Memorandum: We agree with Special Term (see Matter of Rivera v Toia, 92 Misc.2d 23) that the language of subdivision 3 of section 141 Soc. Serv. of the Social Services Law permits reimbursement for burial expenses only when the total expense of the burial does not exceed the amount fixed by the local authorities and that it shall not exceed $500 in any event. Inasmuch as the Monroe County Legislature determined that the maximum allowable payment for burial expenses in cases such as this is $335 and the appellant expended more than that sum, he is not entitled to reimbursement in whole or part (see contra Mendlesohn v Toia, 93 Misc.2d 137 , affd 63 A.D.2d 717).