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MATTER OF LEE v. SMITH

65 A.D.2d 592 (1978)

In the Matter of Suzanne Lee, Petitioner, v. J. Henry Smith, as Commissioner of The New York City Department of Social Services, et al., Respondents

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

October 16, 1978

Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remitted to the State commissioner for further proceedings not inconsistent herewith.

In our opinion, the conclusion that the overpayment was occasioned by the petitioner's willful withholding of information was supported by substantial evidence. However, for the reasons which follow, we find it...

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