MATTER OF CANTY v. BERGER


59 A.D.2d 943 (1977)

In the Matter of Eulah Canty, Individually and on Behalf of Herself and Her Infant Children, Respondent, v. Stephen Berger, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

November 28, 1977


Judgment reversed, on the law, without costs or disbursements, and matter remanded to the appellant State commissioner for further proceedings consistent herewith.

The record indicates that the petitioner's financial inability to meet her rent for the months of March and April, 1975 may be attributed, in whole or in part, to the local agency's failure to timely readjust her ADC grant upon the termination of her employment. A remand to the State commissioner is necessary...

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