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MATTER OF RICHARDS v. LAVINE

78 Misc.2d 801 (1974)

In the Matter of Sandra Richards et al., Petitioners, v. Abe Lavine, as Commissioner of the Department of Social Services of the State of New York, et al., Respondents.

Supreme Court, Special Term, Broome County.

July 3, 1974

Attorney(s) appearing for the Case

Mona Nedlik and Rene H. Reixach for petitioners. Louis J. Lefkowitz, Attorney-General (Helen S. Coutant of counsel), for Abe Lavine, respondent. Thomas B. Oakes for Carroll A. Smythe, respondent. Paul E. Duda, Assistant Welfare Attorney, for Department of Social Services, County of Onondaga, amicus curiae.

PAUL J. YESAWICH, JR., J.

Pursuant to article 78 and CPLR 1005, this application challenges certain policies of respondents which compel a recipient of public assistance under the Aid to Families with Dependent Children program (AFDC) to turn over to respondents any State and Federal income tax refunds they receive or be faced with a reduction of their public assistance grants in an amount equal to the amount...

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