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MATTER OF ROBERTS v. PERALES

79 N.Y.2d 686 (1992)

In the Matter of Pearlie Roberts et al., Appellants, v. Cesar 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 June 11, 1992.

Attorney(s) appearing for the Case

Gloria Ramakus and Arnold S. Cohen for appellants.

Robert Abrams, Attorney-General (Robert J. Schack and Jerry Boone of counsel), for Cesar Perales, respondent.

O. Peter Sherwood, Corporation Counsel (Pamela Seider Dolgow and Leonard Koerner of counsel), for William J. Grinker, respondent.

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

BELLACOSA, J.

The respondents, State and City Commissioners of Social Services, discontinued paying Aid to Families with Dependent Children (AFDC) benefits to petitioner-appellant Roberts for six children who had been removed from her home and placed in foster care. The issue is whether the Commissioners, after paying AFDC benefits and foster care maintenance payments for the same children for 11 months, had...

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