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MATTER OF MUNIZ v. LAVINE

75 Misc.2d 426 (1972)

In the Matter of Elsa Muniz, Petitioner, v. Abe Lavine, as Commissioner of Social Services, et al., Respondents.

Supreme Court, Monroe County.

October 10, 1972

Attorney(s) appearing for the Case

Marianne Artusio for petitioner. Louis J. Lefkowitz, Attorney-General (William J. Goldman of counsel), for Abe Lavine and another, respondents. Charles W. Caruana and Frank P. Celano for Gabriel T. Russo, respondent.

JAMES H. BOOMER, J.

In this proceeding under CPLR article 78 to review a determination of the Commissioner of the Department of Social Services, the issue concerns the interpretation of subdivision (d) of section 352.31 of the regulations of the Department of Social Services (18 NYCRR 352.31 [d]). That subdivision provides, "When a grant has not been reduced in a month when there is an increase in income or...

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