Chatauqua County Department of Social Services v. McNeely

—Order unanimously affirmed, without costs, for the reason, as stated in the decision at Family Court, Hallenbeck, J., that the word "dead” as used in section 384-b (subd 4, par [a]) of the Social Services Law is not to be interpreted as including a person deemed "civilly dead” pursuant to subdivision 1 of section 79-a of the Civil Rights Law. We add only that if there is merit to petitioner’s argument that policy considerations favor a contrary construction, it is for the Legislature, not the judiciary, to make an appropriate declaration (Matter of Anonymous [St. Christopher’s Home], 40 NY2d 96, 102; Matter of Siebert [Citizens Sav. & Loan Assn, of N. Y.—Astoria Sav. & Loan Assn.], 99 Misc 2d 32) (Appeal from order of Chautauqua County Family Court—Social Services Law, § 384-b.) Present—Dillon, P. J., Schnepp, Callahan, Witmer and Moule, JJ.