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MATTER OF SANTIAGO v. BERLIN

10763, 108325/11.

111 A.D.3d 487 (2013)

974 N.Y.S.2d 457

2013 NY Slip Op 7561

In the Matter of MARGARITA SANTIAGO, on Behalf of Herself and Her Five Minor Dependent Children, Appellant, v. ELIZABETH R. BERLIN, as Executive Deputy Commissioner of the office of Temporary and Disability Assistance of the New York State Department of Family Assistance, et al., Respondents.

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

Decided November 14, 2013.

Order and judgment (one paper), Supreme Court, New York County (Joan B. Lobis, J.), entered May 16, 2012, which dismissed as moot the petition brought in a hybrid CPLR article 78/declaratory judgment proceeding, unanimously affirmed, without costs.

Supreme Court properly determined that when, during the pendency of this proceeding, respondent formally retracted the challenged recoupment notice and retroactively restored the portion of public assistance benefits withheld...

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