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MTR. OF VAN WAGNER v. VAN LARE

86 Misc.2d 794 (1976)

In the Matter of Harry Van Wagner, Petitioner, v. Barry L. Van Lare, as Commissioner of the Erie County Department of Social Services, et al., Respondents.

Supreme Court, Erie County.

May 7, 1976

Attorney(s) appearing for the Case

Robert S. Hilliard for petitioner. James L. Magavern, County Attorney (Richard N. Ippolito of counsel), for Barry L. Van Lare, respondent. Louis J. Lefkowitz, Attorney-General (Maryann Freedman of counsel), for Stephen Berger and another, respondents.

ANN T. MIKOLL, J.

This is a CPLR article 78 proceeding to review respondents' termination of petitioner's home relief assistance for 30 days on the ground that petitioner refused a job referral as required by subdivision 5 of section 131 of the Social Services Law.

Petitioner is not proceeding on the grounds that there was not substantial evidence to justify the determination under CPLR 7803 (subd 4...

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