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MATTER OF GRANT v. TOIA

89 Misc.2d 506 (1977)

In the Matter of Eugene Grant et al., Petitioners, v. Philip Toia, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Westchester County.

January 27, 1977

Attorney(s) appearing for the Case

J. Paterson Raye for petitioners. Gerald Harris, County Attorney (Douglas T. Jackson of counsel), for Charles Bates, as Commissioner of the Westchester County Department of Social Services. Louis J. Lefkowitz, Attorney-General, for Philip Toia, as Commissioner of the New York State Department of Social Services, respondent.

ANTHONY J. CERRATO, J.

This is a proceeding pursuant to CPLR article 78 to annul a determination of respondent State Commissioner, dated June 24, 1976, which affirmed that part of the determination of respondent Bates which terminated public assistance benefits to petitioner Maxine Grant on the ground that she had nonessential resources (two automobiles) which could be utilized to reduce or eliminate her needs...

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