MATTER OF MIDDLETON v. D'ELIA


87 A.D.2d 821 (1982)

In the Matter of Luann Middleton, on Behalf of Herself and Her Infant Child, Petitioner, v. Joseph D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

April 5, 1982


Petition granted to the extent that the determination is annulled insofar as reviewed, on the law, without costs or disbursements, and respondents are directed to restore any benefits that may have been withheld.

In February, 1980 petitioner received a lump-sum payment of benefits from the Social Security Administration in an amount in excess of $2,000. She inquired and was told by Social Security representatives that they

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