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MATTER OF GANDY v. BLUM

108 Misc.2d 895 (1980)

In the Matter of A. V. Gandy, Petitioner, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Sullivan County.

August 9, 1980

Attorney(s) appearing for the Case

Mid-Hudson Legal Services, Inc., for petitioner. Robert Abrams, Attorney-General (Anna T. Withey of counsel), for Barbara Blum, respondent. S. Richard Gross for Muriel O'Connor, as Commissioner of the Sullivan County Department of Social Services, respondent.

DANIEL H. PRIOR, J.

Petitioner brings a CPLR article 78 proceeding to review a New York State Department of Social Services fair hearing decision dated November 23, 1979, affirming a Sullivan County Department of Social Services determination, dated August 20, 1979, to reduce petitioner's welfare grant for the purpose of recouping a deliberately caused overpayment.

Petitioner received his 1979 income tax refunds and spent them. Petitioner deliberately...

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