Mondello v. D'Elia

Memorandum. Order of the Appellate Division reversed, without costs, the petition granted, the administrative determination annulled, and the proceeding remitted to the Supreme Court, Nassau County, with directions to remand to the Department of Social Services for appropriate disposition.

It has been successfully argued thus far by the administrative agency that it has provided a reasonable application of the homestead exemption statute (Social Services Law, § 366). The result might be correct if the administrative agency had plenary legislative power. It does not. The statute has a gap in it…