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MATTER OF AUGUSTE v. WING

269 A.D.2d 239 (2000)

703 N.Y.S.2d 38

In the Matter of HENROIT AUGUSTE, Respondent, v. BRIAN J. WING, as Commissioner of New York State Department of Social Services, et al., Appellants.

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

Decided February 15, 2000.

We previously held respondent State agency's determination to be "arbitrary and capricious insofar as it required petitioner to once again prove the extent of his need for the period of time that benefits were concededly wrongfully withheld, instead of simply requiring the City agency to pay those benefits at their pretermination level". (244 A.D.2d 252.) At issue on the instant fee application is whether there was substantial justification...

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