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STATE OF N. Y. v. COLLINS

78 A.D.2d 295 (1981)

State of New York, Appellant, v. James B. Collins, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 15, 1981

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maurice K. Peaslee, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellant.

David Wawro for respondent.

MAIN, MIKOLL, CASEY and HERLIHY, JJ., concur.

KANE, J. P.

The issue to be resolved on this appeal is whether the term "legal resident" means "domicile" for the purpose of a scholar incentive award.

The State of New York seeks to recover the sum of $1,200 from defendant. Two scholar incentive awards of $600 each were made to him by the New York State Education Department for the academic years 1972-1973 and 1973-1974. On each occasion he certified in his application therefor that he was a...

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