
    In the Matter of Patricia Walker, Individually and on Behalf of Her Two Minor Children, Respondent, v Abe La vine, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.
    Argued March 24, 1977;
    decided April 28, 1977
    
      Louis J. Lefkowitz, Attorney-General (Joseph F. Wagner and Samuel A. Hirshowitz of counsel), for appellant.
    
      Ira S. Schneider and Arthur C. Snitjer for respondent.
   Judgment affirmed, with costs, on the opinion by Mr. Justice Theodore R. Kupferman at the Appellate Division (52 AD2d 303).

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