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MATTER OF GOODWIN v. PERALES

120 A.D.2d 527 (1986)

In the Matter of Warren Goodwin et al., Petitioners, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

May 5, 1986

Judgment affirmed, without costs or disbursements.

The petitioners seek to challenge the respondents' policy of recoupment of interim Home Relief benefits (see, Social Services Law § 158 [a]; 18 NYCRR 370.7; 20 CFR 416.1901) as an unconstitutional denial of equal protection under the Federal and State Constitutions (US Const 5th, 14th Amends; NY Const, art I, § II). By analogy to Matter of Lee v Smith (43 N.Y.2d 453

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