MATTER OF ANDERSON v. TOIA


59 A.D.2d 1024 (1977)

In the Matter of Susan Anderson, Appellant, v. Philip Toia, 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, Fourth Department.

November 4, 1977


Judgment unanimously reversed, on the law, without costs, determination annulled and matter remitted to respondent Reed for a further hearing.

Memorandum:

This proceeding is brought pursuant to CPLR article 78 to annul a determination of the respondent commissioner after a fair hearing which affirmed a determination of the local agency to reduce petitioner's monthly assistance allowance in order to recover an alleged overpayment which resulted from petitioner...

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