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GOODWIN v. PERALES

197 A.D.2d 214 (1994)

Connie Goodwin, Appellant-Respondent, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, Respondent-Appellant, et al., Defendants. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 15, 1994

Attorney(s) appearing for the Case

Charles J. Brennan, B. Robert Piller and Gerald Norlander, Albany, for appellant-respondent.

G. Oliver Koppell, Attorney-General, Rochester (Elizabeth J. McDonald and Peter H. Schiff of counsel), for respondent-appellant.

PINE, J. P., LAWTON, DAVIS and BOEHM, JJ., concur.

BALIO, J.

Plaintiff resides in a single-family dwelling in Addison, New York, with her three children and with her boyfriend, John Potter. Potter owns the dwelling and is responsible for payment of the mortgage, property taxes, insurance and gas utility bill. Operation of the gas furnace is controlled by electricity, and the electric utility bill is in plaintiff's...

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