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MATTER OF DUNBAR v. TOIA

61 A.D.2d 914 (1978)

In the Matter of Isamae Dunbar et al., Respondents, v. Philip Toia, as Commissioner of The New York Department of Social Services, et al., Appellants

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

March 14, 1978

In Wishik v Dumpson (55 A.D.2d 593), we compared the State and Federal regulations which are now before us. We held "With regard to a fair hearing, those rules [Federal] provide, inter alia, that a claimant shall have adequate opportunity `[t]o examine the contents of his case file and all documents and records to be used by the agency at the hearing as well as during the hearing' and `[t]o establish all pertinent facts...

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