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In the Matter of YASHIO ENOMOTO et al., Respondents, v. PHILIP TOIA, as Acting Commissioner of the New York State Department of Social Ser

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court ( 67 A.D.2d 1085).

The regulation of the State Department of Social Services as amended March 9, 1979 (18 N.Y.CRR 349.3) is not applicable to either of the present cases. Accordingly, we have not considered what effect it might have on fact situations similar to those in the cases now before us.

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

In each case: Order affirmed, with costs, in a memorandum.

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MATTER OF ENOMOTO v. TOIA
(May 29, 1980)