MATTER OF MITCHELL v. TOIA


63 A.D.2d 890 (1978)

In the Matter of Dorothy Mitchell, as Guardian for Keith Randall, and Others, Petitioner, v. Philip L. Toia, as New York State Commissioner of Social Services, et al., Respondents

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

June 8, 1978


Unanimously modified, on the law, to the extent of directing that any recoupment from current benefits shall require a finding that funds are available in excess of the funds necessary to meet the needs of the dependent children during the period of recoupment, and such recoupment shall be limited to the amount of such excess, and the determination is otherwise confirmed, without costs and without disbursements.

It is undisputed that appellant as payee for her three...

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