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MTR OF HERRING v. BLUM

68 A.D.2d 64 (1979)

In the Matter of Janie Herring, Petitioner, v. Barbara Blum, Individually and as Acting Commissioner of The New York State Department of Social Services, et al., Respondents

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

May 21, 1979

Attorney(s) appearing for the Case

Judith B. Studebaker and Gerald A. Norlander for petitioner.

Louis J. Lefkowitz, Attorney-General (Gilbert Offenhartz, Herbert J. Wallenstein and Samuel A. Hirshowitz of counsel), for Acting State Commissioner, respondent.

Samuel S. Yasgur, County Attorney (Lester D. Steinman and Jonathan Lovett of counsel), for County Commissioner, respondent.

DAMIANI, J. P., SUOZZI, LAZER and RABIN, JJ., concur.

Per Curiam.

This is a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State Commissioner which affirmed a determination of the local agency reducing the petitioner's grant of aid to families with dependent children (AFDC) in order to recoup overpayments received due to the receipt of income tax refunds. The determination should be confirmed and the proceeding dismissed...

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