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MATTER OF BAEZ v. BANE

159 Misc.2d 838 (1993)

606 N.Y.S.2d 973

In the Matter of Jose Baez, Petitioner, v. Mary Jo Bane, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, New York County.

December 30, 1993

Attorney(s) appearing for the Case

MFY Legal Services, Inc. (Jill Ann Boskey of counsel), for petitioner. Robert Abrams, Attorney-General (Carol Schechter of counsel), for Mary Jo Bane, respondent. O. Peter Sherwood, Corporation Counsel of New York City (Robert T. Flynn and Robert L. Kraft of counsel), for Barbara Sabol, as Commissioner of the New York City Department of Social Services, respondent.

PETER TOM, J.

The novel issue raised in this proceeding is whether the New York State Department of Social Services (State DSS) should forfeit its right of reimbursement for interim assistance benefits paid to a recipient when its subsidiary, the New York City Department of Social Services (City DSS), withholds Supplemental Security Income (SSI) checks, issued to the recipient, for more than 10 days...

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