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MATTER OF HARBOLIC v. BERGER

43 N.Y.2d 102 (1977)

In the Matter of Alfred Harbolic, Appellant, v. Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Richard Peyton Whiteley and John T. Hand for appellant.

Louis J. Lefkowitz, Attorney-General (Maryellen Weinberg, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for Stephen Berger, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

This case turns on whether an administrative regulation of the State Commissioner of Social Services, 18 NYCRR 352.19, is in contravention of sections 131-a and 131-i of the Social Services Law because it mandates that income and Social Security taxes withheld from the wages of an employed head of a family in need of a home relief subsidy be regarded as available income only to the extent that it...

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