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MATTER OF BELL v. BERGER

86 Misc.2d 816 (1976)

In the Matter of Christine Bell, Individually and on Behalf of Her Infant Children, Petitioners, v. Stephen Berger, as Acting Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Nassau County.

February 20, 1976

Attorney(s) appearing for the Case

Leonard S. Clark, Stephen Latzman and Barry Strom for petitioners. Louis J. Lefkowitz, Attorney-General, for Stephen Berger, respondent. James M. Catterson, Jr., County Attorney (Vincent M. Esposito of counsel), for Joseph D'Elia, respondent.

BEATRICE S. BURSTEIN, J.

This is a proceeding pursuant to CPLR article 78. Petitioner and her two infant children are recipients of public assistance under the Aid to Families with Dependent Children (AFDC) program of the Nassau County Department of Social Services (DSS).

Petitioner and her family reside in a five-room rented apartment at a monthly rental of $280. Petitioner's monthly AFDC grant is $293.85, of which $183.75 is budgeted by DSS...

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