Nasser v. Lavine

In this severed article 78 proceeding (see prior decision dated July 24, 1973) petitioners raise the *47issue that the recoupment provisions of the New York State Official Compilation of Codes, Bules and Begulations (18 NYCRR 352.7 [g] [5]) are unconstitutional because it violates Federal regulations (Code of Fed. Beg., tit. 45, § 233.20, subd. [a], par. [3], cl. [ii], subcl. [<?]). The parties cite cases from other jurisdictions which have considered the question with diverse results. It would not be useful to discuss these cases since the Federal regulation in point has been amended to become…