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WASSERVOGEL v. BLUM

54 N.Y.2d 100 (1981)

In the Matter of Frieda Wasservogel, Appellant, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Jane Greengold Stevens, Toby Golick and John C. Gray, Jr., for appellant.

Robert Abrams, Attorney-General (Eugene E Zegarowicz and Shirley Adelson Siegel of counsel), for Barbara Blum, respondent.

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

MEYER, J.

A Supplemental Security Income (SSI) payment to which a home relief recipient would be entitled were the payment not being withheld by the Federal Government to recoup overpayment made because of its error is not available to, or being received by, the home relief recipient and may not be counted as income of the recipient in computing the home relief payment to be made to him or her. The order of the...

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