MATTER OF LAJARA v. BERGER


59 A.D.2d 599 (1977)

In the Matter of Hilda Lajara, Appellant, v. Stephen Berger, as Acting 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, First Department.

September 22, 1977


Unanimously modified, on the law, to the extent of limiting recoupment to 10% of petitioner's household needs until $300 is paid and, as so modified, the judgment is affirmed, without costs and without disbursements.

The proportion of petitioner's current grant that may be deducted for single recoupment purposes may not exceed 10% of her household needs, (Matter of Reyes v Dumpson, 40 N.Y.2d 725) and respondent, State commissioner...

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