MATTER OF HOLMES v. TOIA


58 A.D.2d 892 (1977)

In the Matter of Janie Holmes, Individually, and on Behalf of Her Infant Daughter, Jawanna Holmes, Petitioner, 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, Second Department.

July 25, 1977


Determination annulled, on the law, without costs or disbursements, and matter remitted to the State commissioner for a new determination in accordance herewith.

The petitioner and her child had been the recipients of public assistance in the sum of $353 monthly. The child's natural father died, leaving the proceeds of a life insurance policy to the child's aunt, who forwarded $1,000, which included those proceeds, to the petitioner to be held in trust for the child...

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