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MATTER OF De LUCA v. D'ELIA

83 Misc.2d 1080 (1975)

In the Matter of Caroline De Luca, Individually and on Behalf of Her Infant Children, Petitioner, v. Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents.

Supreme Court, Special Term, Nassau County.

October 20, 1975

Attorney(s) appearing for the Case

Leonard S. Clark and Richard Gabriele for petitioner. Louis J. Lefkowitz, Attorney-General (Peter A. Berkowsky of counsel), for Stephan Berger, respondent. John F. O'Shaughnessy, County Attorney (Louis Schultz of counsel), for Joseph D'Elia, respondent.

DANIEL G. ALBERT, J.

In this proceeding pursuant to CPLR article 78, petitioner seeks judgment annulling the determination by the predecessor in office of respondent Berger dated March 11, 1975, which affirmed the determination of the Nassau County Department of Social Services to recoup over-payments of assistance received by petitioner as a result of incorrect budgeting.

Petitioner, a recipient of...

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