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MATTER OF HERNANDEZ v. D'ELIA

99 A.D.2d 777 (1984)

In the Matter of Maria Hernandez, 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.

February 14, 1984

We find that the determination that petitioner had excess resources which she failed to reveal to the local agency is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Petitioner failed to rebut the presumption that one half of the funds deposited in a bank account in the names of her brother and herself were available to her (Banking Law, § 675, subd [b]). The testimony...

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