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MATTER OF NESBY v. HANSELL

416, 400276/08

69 A.D.3d 469 (2010)

894 N.Y.S.2d 377

2010 NY Slip Op 305

In the Matter of BRIAN NESBY, Petitioner, v. DAVID A. HANSELL, as Commissioner of the New York State Office of Temporary and Disability Assistance, et al., Respondents.

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

Decided January 14, 2010.

Petitioner challenges the amounts the state and local social services agencies retained from his first retroactive federal SSI benefit payment to recoup payments he received in March, April and May of 2006 (during the pendency of his application for SSI benefits) as made under New York State's Safety Net Assistance (SNA) program (Social Services Law § 158 [1], [2]; § 211 [5]; 18 NYCRR 370.2 [b] [5] [ii]) and the federal...

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