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MATTER OF HURLEY v. TOIA

64 A.D.2d 984 (1978)

In the Matter of Kathleen Hurley, Appellant, v. Philip Toia, Individually and 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.

September 25, 1978

Judgment affirmed, without costs or disbursements.

The petitioner's request for review of the denial of a restaurant allowance did not become moot when she no longer required such an allowance. Merely because she survived without the additional restaurant allotment does not obviate her right to have received one if she were so entitled. The petitioner's claim, however, that she was a person unable to prepare meals at home...

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