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MATTER OF GARCIA v. LAVINE

41 A.D.2d 817 (1973)

In the Matter of Sonia Garcia, Petitioner, v. Abe Lavine, as Commissioner of The Department of Social Services of the State of New York, et al., Respondents

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

April 10, 1973

After a hearing, respondent determined that a check issued to petitioner and claimed to have been lost was actually cashed by petitioner. The check bore an indorsement and the issue was whether or not this indorsement was in petitioner's handwriting. We have repeatedly held that in such circumstances the record lacks substantial evidence unless it contains, as this record does not, testimony as to the execution of the indorsement...

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