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MTR SUMMERS v. D'ELIA

95 A.D.2d 184 (1983)

In the Matter of Lorraine Summers, 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.

July 25, 1983

Attorney(s) appearing for the Case

Leonard S. Clark (Vicki Lens of counsel), for petitioner.

Robert Abrams, Attorney-General (Maryellen Weinberg and Gerald Slotnik of counsel), for State Commissioner, respondent.

O'CONNOR, RUBIN and BOYERS, JJ., concur.

GIBBONS, J. P.

This court held in Matter of Leone v Blum (73 A.D.2d 252) that it was improper for the Department of Social Services (the Department) to assume that a nonlegally responsible nonrecipient of public assistance would contribute moneys he received from the Federal Old-Age, Survivors and Disability Insurance program (OASDI) to the support of others in his family...

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