MTR OF BANKER v. BERGER


86 Misc.2d 129 (1976)

In the Matter of Michael Banker, Petitioner, v. Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Orleans County.

March 26, 1976


Attorney(s) appearing for the Case

Gerald P. Seipp for petitioner. Louis J. Lefkowitz, Attorney-General (Peter J. Todoro of counsel), for respondents.


JOSEPH S. MATTINA, J.

A CPLR article 78 proceeding is brought before this court to reverse and annul the fair hearing decision and to grant relief of retroactive assistance in the amount of $193.69.

The respondent opposes this motion setting forth several affirmative defenses.

The facts in this case are that petitioner who was not totally dependent on public assistance received income tax refunds...

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