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MATTER OF AVERY v. BERGER

56 A.D.2d 725 (1977)

In the Matter of Debra Avery, Appellant, v. Stephen Berger, as 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, Fourth Department.

February 25, 1977

Judgment unanimously affirmed, without costs.

Memorandum:

Petitioner is a recipient of public assistance and brings this proceeding to annul a determination of respondent by which 10% was deducted from her allowance to recoup the amount of a Federal tax refund which she received and spent for her own purposes. Respondents base their authority to recoup upon the provisions of 18 NYCRR 348.4 which permit recoupment in cases of "suspected fraud" in which the...

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