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MATTER OF WESTBY v. BERGER

54 A.D.2d 911 (1976)

In the Matter of Ritamae Westby, 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.

November 1, 1976

Petition granted to the extent that the determination of the respondent State commissioner is modified, on the law, by adding thereto a provision that any reduction in benefits will require a finding that petitioner's minor children do not require the assistance to which they are entitled. Determination otherwise confirmed, without costs or disbursements, and matter remanded to the respondent State commissioner for further proceedings not inconsistent herewith.

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