Legal Opinion

Montano v. Health & Social Services Department

New Mexico Court of Appeals

Decided March 9, 1976No. 2214Published

1Opinion of the Court

OPINION

HENDLEY, Judge.

Appellants appeal a decision terminating their benefits of homemaker services by the Health and Social Service Department because their income was in excess of the department’s income eligibility requirements H.S.S.D. Reg. 130.223 (Revised March 1, 1974). Appellants’ points for reversal are that: (1) the decision is not in accordance with law; (2) the decision conflicts with prior decisions of this court; and (3) the decision is arbitrary, capricious and an abuse of discretion.

We affirm.

Decision in accordance with law

Under this point appellants’ contend the department’s…

2Cases cited2 opinions

  1. New Mexico Health & Social Services Department v. ChavezNew Mexico Supreme Court · 1973
  2. Griego v. Health & Social Services DepartmentNew Mexico Court of Appeals · 1975

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