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MATTER OF SHVARTSZAYD v. DOWLING

239 A.D.2d 104 (1997)

656 N.Y.S.2d 631

In the Matter of Ester Shvartszayd, Respondent, v. Michael Dowling, 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, First Department.

May 1, 1997

The State's failure to enforce the City's compliance with the fair hearing decisions before petitioner's institution of the CPLR article 78 proceeding was not substantially justified. Concededly, there was no justification for the City's initial failure, first, to award petitioner the increased benefits she was entitled under 18 NYCRR 352.30 (e) (1) and State Department of Social Services Administrative Directive 94-10, and second...

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