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eBook details

• Title: Matter Marie Heeg v. Abe Lavine
• Author : Supreme Court of New York
• Release Date : January 17, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

[47 A.D.2d 988 Page 988] Memorandum: Petitioner, a recipient of financial assistance under aid to families with dependent children, was threatened with a utility shutoff. She requested an emergency grant of $86.95 pursuant to section 350-j of the Social Services Law from the Monroe County Department of Social Services. This was denied, but the department offered her a grant pursuant to a new department regulation (18 NYCRR 352.7 [g] [5]) which would have required her to repay the grant out of her regular monthly grants over the following six months. Since petitioner believed that she was entitled to an absolute grant she refused the offer and commenced this article 78 proceeding by an order to show cause. On the return date the department requested an adjournment in order to serve objections in point of law. A Supreme Court Justice granted the adjournment, but also ordered that petitioner be paid $86.95 to forestall the shutoff of her utilities, with the proviso that if she were not to prevail upon this action the respondent department would be entitled to recoup the funds. Subsequently, the respondents submitted their objections in point of law, and after a hearing upon them another Supreme Court [47 A.D.2d 988 Page 989]

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