MATTER OF YATAROLA v. DOWLING


239 A.D.2d 804 (1997)

657 N.Y.S.2d 843

In the Matter of Jodi Yatarola, Respondent, v. Michael J. Dowling, Individually and as Commissioner of The New York State Department of Social Services, et al., Appellants

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

May 22, 1997


Casey, J.

Prior to February 11, 1994 petitioner, who was receiving public assistance benefits, owned an automobile that the Montgomery County Department of Social Services (hereinafter the Department) considered an exempt resource for the purposes of determining petitioner's eligibility. On that date, the automobile was involved in an accident which rendered it a total loss. When the Department learned that...

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