MATTER OF BURKE v. BERGER


57 A.D.2d 926 (1977)

In the Matter of Diane Burke, Petitioner, 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, Second Department.

May 23, 1977


Petition granted and determination annulled, on the law, without costs or disbursements, and respondents are directed to (1) remit to the petitioner those moneys, if any, which have been deducted from her grant and (2) refrain from making any future deductions on account of this claim from petitioner's grant. The local agency offered no evidence at the fair hearing to contradict petitioner's testimony that it had informed her at the time of her application that she would...

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