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MTR OF MCWHORTER v. BLUM

100 Misc.2d 433 (1979)

In the Matter of Leon McWhorter, Petitioner, v. Barbara B. Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Onondaga County.

March 26, 1979

Attorney(s) appearing for the Case

Michael P. Daly for petitioner. Robert Abrams, Attorney-General, for Barbara B. Blum, respondent. James H. Hughes for John Lascaris, as Commissioner of the Onondaga County Department of Social Services, respondent.

J. ROBERT LYNCH, J.

Petitioner made application for an additional fuel allowance (see 18 NYCRR 352.5 [c]). It was denied because the petitioner was not then a recipient of assistance nor was the additional fuel allowance an obligation whose payment had been authorized when the petitioner was a recipient (see 18 NYCRR 381.3 [d]).

The petitioner received public assistance for four months, from December into April, during which time he claims he...

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