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MATTER OF FINNEGAN v. KIRBY

82 A.D.2d 806 (1981)

In the Matter of Arlene Finnegan, Petitioner, v. James E. Kirby, as Commissioner of The Suffolk County Department of Social Services, et al., Respondents

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

June 1, 1981

Determination annulled, on the law, without costs or disbursements, petition granted, and respondents are directed to return to the petitioner the sums, if any, which have been withheld from her grant.

The record does not support the finding made by the State commissioner that petitioner willfully withheld information regarding her income or resources (cf. Matter of Sanzoverino v D'Elia, 71 A.D.2d 1026; Matter of Nelson...

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