MATTER OF NASSER v. LAVINE


76 Misc.2d 46 (1973)

In the Matter of Brenda Nasser et al., Individually and on Behalf of Their Minor Children, Petitioners, v. Abe Lavine, Individually and as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Westchester County.

September 7, 1973


Attorney(s) appearing for the Case

Gene F. Reibman for petitioners. Louis J. Lefkowitz, Attorney-General, for Abe Lavine, respondent. Harry Lott, County Attorney (F. Sherwood Alexander, Sr., of counsel), for Leonard Berman, respondent.


JOSEPH F. GAGLIARDI, J.

In this severed article 78 proceeding (see prior decision dated July 24, 1973) petitioners raise the issue that the recoupment provisions of the New York State Official Compilation of Codes, Rules and Regulations (18 NYCRR 352.7 [g] [5]) are unconstitutional because it violates Federal regulations (Code of Fed. Reg., tit. 45, § 233.20, subd. [a], par. [3], cl. [ii], subcl. [d...

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