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MATTER OF GUNN v. TOIA

60 A.D.2d 783 (1977)

In the Matter of Janice Gunn et al., Petitioners, v. Philip Toia, 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.

December 16, 1977

Determination unanimously confirmed, without costs.

Memorandum:

There is substantial evidence in the record to support the determination of respondent Commissioner of Social Services, after a fair hearing, that petitioners had a 1969 Mercury and that this automobile was an available resource not essential to the needs of petitioners and their dependent children. The determination that this resource should have been utilized to reduce the public assistance...

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