MATTER OF EDWARDS v. TOIA


61 A.D.2d 1089 (1978)

In the Matter of Jennifer Edwards, On Behalf of Her Infant Son, Michael Buryiak, Jr., Respondent, v. Philip L. Toia, as Commissioner of The New York State Department of Social Services, Appellant, and Robert B. Travis, as Commissioner of The Sullivan County Department of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 23, 1978


Petitioner, an emancipated mother, applied to Sullivan County for a grant of assistance for herself and her infant son. The application was denied on the ground that petitioner had failed to utilize an available resource. After a fair hearing Commissioner Toia upheld the denial of the application. An article 78 proceeding was commenced to challenge the determination and Special Term held that while petitioner was ineligible, assistance could not be withheld from her infant...

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