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MATTER OF COUCH v. PERALES

78 N.Y.2d 595 (1991)

In the Matter of Juanita Couch, Appellant, v. Cesar A. Perales, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 26, 1991.

Attorney(s) appearing for the Case

Peter Vollmer and Thomas Maligno for appellant.

Robert Abrams, Attorney-General (Martha L. Luft, O. Peter Sherwood and Lawrence S. Kahn of counsel), for Cesar A. Perales, respondent.

E. Thomas Boyle, County Attorney (Charles P. Kelly of counsel), for Ruth A. Brandwein, respondent.

Wayne G. Hawley and John F. Castellano for MFY Legal Services, Inc., amicus curiae.

Betsey B. Swan for Statewide Youth Advocacy, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

Petitioner challenges a determination by the respondent, Commissioner of the New York State Department of Social Services, pursuant to which her family's Aid to Families with Dependent Children (AFDC) grant was temporarily reduced by 10% in order to recoup an overpayment previously made. She contends that 42 USC § 602 (a) (22) and corresponding Federal regulation 45 CFR 233.20 (a) (13), as...

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