MTR. OF RICHARDS v. LAVINE


48 A.D.2d 204 (1975)

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

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

June 5, 1975


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Eileen A. Sullivan, Jean M. Coon and Ruth Kessler Toch of counsel), for Abe Lavine, appellant.

Thomas B. Oakes for Carroll A. Smythe, appellant.

Mona Nedlik and Rene H. Reixach, Jr., for respondents.

HERLIHY, P. J., GREENBLOTT, LARKIN and REYNOLDS, JJ., concur.


MAIN, J.

These are appeals from a judgment of the Supreme Court at Special Term, entered November 25, 1974 in Broome County, which, in a proceeding pursuant to CPLR article 78, overturned a determination of the Commissioner of the State Department of Social Services insofar as it ruled that portions of petitioners' income tax refunds for the year 1972 were resources which must be applied directly to reduce

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