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MATTER OF BROWN v. WING

251 A.D.2d 572 (1998)

675 N.Y.S.2d 103

In the Matter of Marie R. Brown, Respondent, v. Brian J. Wing, as Acting Commissioner of The New York State Department of Social Services, Appellant, et al., Respondent

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

June 22, 1998

Ordered that the judgment is modified by deleting the fourth decretal paragraph thereof which directed that the recalculation be made in accordance with Administrative Directive 92 ADM-38, which does not permit the imposition of a partial month penalty, and substituting therefor a provision permitting the imposition of a partial month penalty upon the recalculation of the penalty period; as so modified, the judgment is affirmed, with costs to the appellant.

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