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MATTER OF ALLEN v. LAVINE

82 Misc.2d 680 (1975)

In the Matter of Willie Mae Allen, Individually and on Behalf of Her Minor Children, Petitioner, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Westchester County.

March 31, 1975

Attorney(s) appearing for the Case

Legal Aid Society of Westchester County for petitioner. Gerald Harris, County Attorney, for Paul V. Nyden, as Acting Commissioner of the Westchester County Department of Social Services, respondent.

MORRIE SLIFKIN, J.

This is a proceeding pursuant to CPLR article 78 in which petitioner seeks to annul a determination of respondent after a fair hearing that funds are not be issued to fully replace the cash sum stolen from her representing the proceeds of a September, 1974 public assistance grant. Respondent county moves to dismiss the petition.

Briefly stated the facts are as follows. On September...

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