MATTER OF MILLER v. PERALES


189 A.D.2d 874 (1993)

In the Matter of Linda Miller, Petitioner, v. Cesar Perales et al., Respondents

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

January 25, 1993


Adjudged that the petition is granted to the extent that the determination of the State Commissioner that he lacked jurisdiction to review the subject notices is annulled, on the law, without costs or disbursements, and the matter is remitted to the State Commissioner for a new hearing to determine the merits of the petitioner's claim that the overpayments she received resulted from agency error and did not result from concealment of income.

At the fair hearing, the...

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