MATTER OF BELL v. BERGER


55 A.D.2d 950 (1977)

In the Matter of Christine Bell, Individually and on Behalf of Her Infant Children, Shawnee Bell and Another, Respondent, v. Stephen Berger, as Commissioner of The New York State Department of Social Services, Appellant, et al., Respondent

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

January 31, 1977


Judgment modified, on the law, by (1) adding to the first decretal paragraph thereof, immediately after the word "annulled", the following: "insofar as it is reviewed", (2) deleting therefrom the second, third and fourth decretal paragraphs, and (3) adding to the fifth decretal paragraph thereof, immediately after the words "of no force and effect", the following: "insofar as it does not provide for the taking into account of the expenses actually incurred by a recipient...

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