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MATTER OF LAJARA v. BERGER

47 N.Y.2d 792 (1979)

In the Matter of Hilda Lajara, Appellant, v. Stephen Berger, as Acting Commissioner of the New York State Department of Social Services, et al., Respondents. In the Matter of Olga Rivera, Appellant, v. Stephen Berger, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 10, 1978.

Attorney(s) appearing for the Case

Ralph Murphy, Lawrence Grosberg and John Falk for appellants.

Robert Abrams, Attorney-General (Joseph F. Wagner, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEMORANDUM.

In each case the determination of the Appellate Division should be modified, with costs to appellant, and the case remitted to Supreme Court, with directions to remand to the commissioner for a determination as to whether recoupment at the 10% rate will cause undue hardship.

The fair hearings on the welfare recipients' claims were held in these cases and the commissioner's determinations were made prior...

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