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SAENZ v. N.M. DEPT. OF HUMAN SERVICES, ETC.

No. 5744.

653 P.2d 181 (1982)

Sammy SAENZ, Appellant, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES, INCOME SUPPORT DIVISION, State of New Mexico, ex rel., HUMAN SERVICES DEPARTMENT, Appellee.

Court of Appeals of New Mexico.

October 19, 1982.

Attorney(s) appearing for the Case

Manuel J. Lopez, Southern N.M. Legal Services, Las Cruces, for appellant.

Richard Shapiro, Asst. Atty. Gen., Legal Services Bureau, N.M. Dept. of Human Services, Santa Fe, for appellee.

OPINION

LOPEZ, Judge.

The appellant (Saenz) appeals the decision of the New Mexico Department of Human Services (DHS), denying him general assistance benefits. We reverse.

The ultimate issue for us is whether the decision of DHS was arbitrary, capricious and not in accordance with law.

In order for us to decide this issue we must consider three points advanced by the plaintiff in his appeal. 1. The failure of DHS to consider certain relevant...

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