Opinion
Argued September 14, 1979
Decided October 25, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN A. MONTELEONE, J., FRANK J. PINO, J.
Gretchen L. Sprague and John C. Gray, Jr., for appellants.
Robert Abrams, Attorney-General (Maryellen Weinberg and Herbert J. Wallenstein of counsel), for Philip L. Toia, as Commissioner of the New York State Department of Social Services, respondent.
Order affirmed, with costs (see Matter of Lumpkin v Department of Social Servs., 45 N.Y.2d 351).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.