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MONTOYA v. N.M. HUMAN SERVICES DEPT.

No. 10156.

771 P.2d 196 (1989)

108 N.M. 263

Manuel MONTOYA, Petitioner-Appellant, v. NEW MEXICO HUMAN SERVICES DEPARTMENT, INCOME SUPPORT DIVISION, Respondent-Appellee.

Court of Appeals of New Mexico.

March 7, 1989.

Attorney(s) appearing for the Case

Clark De Schweinitz, Northern New Mexico Legal Services, Inc., Santa Fe, for petitioner-appellant.

Jennifer A. Salisbury, Gen. Counsel, Ernest O. Pacheco, Susan K. Rehr, Sp. Assistants Gen. Counsel, Human Services Dept., Santa Fe, for respondent-appellee.

OPINION

MINZNER, Judge.

Claimant Manuel Montoya appeals from a decision of the Human Services Department (HSD) terminating his food stamp benefits. Claimant's wife, Maria, had attempted to make a gift of land to her children, but she continued to hold legal title. HSD determined that under these circumstances, claimant had an accessible resource valued in excess of the $3,000 permitted for program eligibility. See 7 C.F.R. § 273.8(e)(8) (1987...

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