MATTER OF CLEMENTE v. FAHEY

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.