MATTER OF McIVER v. BERGER


55 A.D.2d 606 (1976)

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

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

December 6, 1976


Determination annulled, on the law, without costs or disbursements, and matter remanded to the respondent State commissioner for a new determination in accordance herewith.

A decision in this matter could not have been properly rendered by the commissioner of the State agency on the basis of evidence elicited at the hearing before another person, when the commissioner did not hear or read an exact rendition of the testimony adduced at such hearing. The commissioner...

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