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MATTER OF RAY v. BERGER

55 A.D.2d 956 (1977)

In the Matter of Virginia Ray, Individually and on Behalf of Her Infant Children, Loretta Ray 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 deleting therefrom the second decretal paragraph. As so modified, judgment affirmed, without costs or disbursements, and matter remitted to the State commissioner for a determination of the actual expenses incurred by petitioner in providing a room for the lodger (see Matter of Bell v Berger, 55 A.D.2d 950.

Where the recipient's mortgage expense for her home exceeds the shelter allowance...

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