MTR. OF CHAMPION v. LAVINE


50 A.D.2d 183 (1975)

In the Matter of Jean Champion, Petitioner, v. Abe Lavine, Individually and as Commissioner of The New York State Department of Social Services, and Antoinette Hyer, Individually and as Commissioner of The Oneida County Department of Social Services, Respondents

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

December 12, 1975


Attorney(s) appearing for the Case

Norman G. Rosen (Marc Jones of counsel) for petitioner.

Louis J. Lefkowitz, Attorney-General (Eileen Sullivan and Jean M. Coon of counsel), for Abe Lavine, respondent.

Richard A. Koehler for Antoinette Hyer, respondent.

MOULE, J. P., CARDAMONE, SIMONS and GOLDMAN, JJ., concur.


WITMER, J.

The basic question presented on this appeal is whether petitioner, a recipient of public assistance who cashed the check which she received for her February, 1975 grant and then lost most of the proceeds thereof, is entitled to have respondent commissioner make up the loss, or any part thereof, by an emergency grant. We answer in the affirmative.

On Saturday, February 1, 1975 petitioner received...

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