MATTER OF DELMAR v. BLUM


53 N.Y.2d 105 (1981)

In the Matter of Mary Delmar, on Behalf of Herself and All Others Similarly Situated, Respondent, v. Barbara Blum, as Commissioner of New York State Department of Social Services, Appellant, and Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1981.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Evelyn M. Tenenbaum and Shirley Adelson Siegel of counsel), for appellant.

Kathleen Whelan and Leonard S. Clark for Mary Delmar, respondent.

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


MEYER, J.

At issue on this appeal is the recoupment to which the Commissioner of Social Services is entitled for payments made under the State's home relief program to sustain petitioner during the period between her application for, and actual receipt of, benefits under the Federal Supplemental Security Income (SSI) program. Specifically the question is whether, despite the facts that petitioner's eligibility...

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