BESS v. TOIA


93 Misc.2d 140 (1977)

Charlie M. Bess et al., Petitioners, v. Philip L. Toia, as Commissioner of Social Services, et al., Respondents.

Supreme Court, Westchester County.

October 3, 1977


Attorney(s) appearing for the Case

Gerald Norlander for petitioner. David Brainin, County Attorney, for Charles W. Bates, respondent. Louis J. Lefkowitz, Attorney-General (Ellen L. Hill of counsel), for Philip L. Toia, respondent.


ANTHONY J. FERRARO, J.

Petitioners maintain this proceeding pursuant to CPLR article 78 for a judgment (1) declaring invalid the recoupment provision of the New York State Department of Social Services regulations and the burial policy of respondent Bates and (2) directing respondents to cease recoupment of a $275 rent advance and to provide burial assistance to petitioner of $650. Petitioner also seeks damages...

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