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MATTER OF LOFTON v. BERGER

89 Misc.2d 582 (1977)

In the Matter of Marie Lofton, Individually and on Behalf of Her Minor Children, Petitioner, v. Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Nassau County.

February 16, 1977

Attorney(s) appearing for the Case

Leonard S. Clark and Carl Jay Nathanson for petitioner. Louis J. Lefkowitz, Attorney-General for Stephen Berger, as Commissioner of the New York State Department of Social Services, respondent. James M. Catterson, Jr., County Attorney, for Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, respondent.

DAVID T. GIBBONS, J.

Petition for a judgment, annulling the determination of respondents to recoup from the petitioner utility payments accruing four months preceding the date of an advancement to obviate a cutoff of utility services, is granted.

It is undisputed that LILCO, the utility company herein, had, for a long period of time, namely: from August 19, 1974 through May 16, 1975, submitted minimal estimated bills to petitioner. However, the...

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