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MATTER OF KRESLEIN v. PERALES

152 Misc.2d 969 (1992)

In the Matter of Deborah Kreslein, Petitioner, v. Cesar A. Perales, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Westchester County.

January 9, 1992

Attorney(s) appearing for the Case

Westchester Legal Services (Robert F. Graziano of counsel), for petitioner. Robert Abrams, Attorney-General (Barbara Prezioso-Demchuk of counsel), for Cesar A. Perales, respondent. Marilyn J. Slaatten, County Attorney (Antoinette M. McCarthy of counsel), for Mary Glass, as Acting Commissioner of the Westchester County Department of Social Services, respondent.

ANTHONY A. SCARPINO, JR., J.

This is a CPLR article 78 proceeding wherein petitioner challenges respondent's practice of recouping all home relief grants provided as interim assistance from the initial retroactive payment of Federal Supplemental Security Income (SSI) benefits, subsequently provided to eligible persons.

The general right of State and local authorities to recoup interim assistance provided...

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