
    In the Matter of Pamela Clemente, Appellant, v John J. Fahey, as Commissioner of the Albany County Department of Social Services, Respondent, and Stephen Berger, as Commissioner of the New York State Department of Social Services, Appellant.
    Argued June 5, 1978;
    decided July 13, 1978
    
      APPEARANCES OF COUNSEL
    
      Joel F. Spitzer for Pamela Clemente, appellant.
    
      Louis J. Lefkowitz, Attorney-General (Lew A. Millenbach and Jean M. Coon of counsel), for Stephen Berger, as Commissioner of the New York State Department of Social Services, appellant.
    
      Stanley G. Walker, Jr., Robert Lyman and Philip R. Murray for respondent.
   OPINION OF THE COURT

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 NY2d 343, decided herewith).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  