Appellate Division of the Supreme Court of the State of New York July 25, 1983 (Summers v. D'Elia)

OPINION OF THE COURT

Gibbons, J. P.

This court held in Matter of Leone v Blum (73 AD2d 252) that it was improper for the Department of Social Services (the Department) to assume that a nonlegally responsible nonrecipient of public assistance would contribute moneys he received from the Federal Old-Age, Survivors and Disability Insurance program (OASDI) to the support of others in his family who