New York Court of Appeals October 4, 1977 (Calvi v. Dumpson)

Memorandum. The order of the Appellate Division should be affirmed.

The hearing officer and the Commissioner of Social Services assigned an incorrect reason for denial of reimbursement for burial expenses. Normally if there were not a reversal there should be a remittal. (Matter of Barry v O’Connell, 303 NY 46; cf. Matter of Montauk Improvement v Proccacino, 41 NY2d 913.