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MTR. OF MASTAN v. FAHEY

60 A.D.2d 304 (1977)

In the Matter of Frank Mastan, Respondent, v. John Fahey, as Commissioner of The Albany County Department of Social Services, et al., Appellants

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

December 29, 1977

Attorney(s) appearing for the Case

Robert Lyman, County Attorney, and Philip R. Murray (David A. Dietrich of counsel), for John Fahey, appellant.

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), for Philip Toia, appellant.

V. Jerome Luhn and Diane Withiam for respondent.

KOREMAN, P. J., LARKIN and MIKOLL, JJ., concur; KANE, J., concurs in the result only.

GREENBLOTT, J.

The facts are not in dispute. Petitioner is a disabled person eligible for participation in the Federal Supplemental Security Income program (SSI) (US Code, tit 42, § 1381 et seq.). Petitioner had been receiving SSI payments, but they were suspended as of October 1, 1976 to allow recovery of overpayments. Petitioner requested a hearing to challenge the suspension, but the record does...

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