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TAVAREZ v. SIPPRELL

62 A.D.2d 631 (1978)

In the Matter of Dona Tavarez et al., on Behalf of Themselves and All Other Persons Similarly Situated, Respondents, v. George G. Sipprell, as Commissioner of The Erie County Department of Social Services, et al., Appellants In the Matter of Ruby Ferguson, Respondent, and Lorraine Lindsey et al., Respondents-Intervenors, v. George G. Sipprell, as Commissioner of The Erie County Department of Social Services, et al., Appellants

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

May 26, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Elaine L. Weiss, Jean M. Coon and Michael G. Wolfgang of counsel), for Abe Lavine, appellant.

Thaddeus J. Szymanski (John Barone of counsel), for George G. Sipprell, appellant.

George L. Cownie for respondents and respondents-intervenors.

DILLON and WITMER, JJ., concur with DENMAN, J.; CARDAMONE, J. P., and HANCOCK, JR., J., concur in result only in an opinion by CARDAMONE, J. P.

DENMAN, J.

Petitioners in both actions are recipients of Aid to Families with Dependent Children (AFDC) as well as recipients of various educational grants from the Federal and State Governments. The question presented is whether the amounts by which such educational grants exceed the actual costs of education and education-related expenses may be considered by social service agencies as an available resource...

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