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MATTER OF A. v. WING

248 A.D.2d 971 (1998)

670 N.Y.S.2d 948

In the Matter of Richard J. A., an Infant, by Dixie B., His Representative, Respondent, v. Brian J. Wing, as Acting Commissioner of New York State Department of Social Services, Appellant, and Robert J. Stone, as Commissioner of Onondaga County Department of Social Services, Respondent

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

March 13, 1998

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in relying on 42 USC former § 606 (a) and former § 607 (a) in granting the petition to annul a determination of respondent Brian J. Wing, Acting Commissioner of New York State Department of Social Services (Commissioner), following a fair hearing to deny public assistance benefits to petitioner...

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