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MATTER OF VOLLMER v. DOWLING

227 A.D.2d 349 (1996)

643 N.Y.S.2d 71

In the Matter of Peter Vollmer, on Behalf of Ann Hope, Respondent, v. Michael Dowling, as Social Services Commissioner of The State of New York, Appellant

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

May 30, 1996

On facts in all significant respects identical to those in Matter of Thomasel v Perales (78 N.Y.2d 561, 567), respondent does not dispute that petitioner was a prevailing party on her 42 USC § 1983 claim for restoration of her full Aid to Families with Dependent Children and Food Stamps benefits pending an administrative fair hearing. However, respondent urges a point assertedly not...

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