Gaillard v. Lavine

Kupferman, J. P. (concurring).

While I concur in the remand, it is only so that each case may be considered on its merits and not simply foreclosed by a blanket rule. This whole area of the law, State and Federal, legislative, judicial and administrative, needs re-examination, and legislative policy must be set in the light of the proper requirements for the needy and the ability of the public purse to sustain the burgeoning demands upon it. (See concurring opn. in Matter of Weiss v Lavine, 50 AD2d 796, Dec. 30, 1975.)

In Matter of Howard v Wyman (36 AD2d 713), this court held that a burglary…