Barksdale v. D'Elia

Appellate Division of the Supreme Court of New York

Barksdale v. D'Elia

62 A.D.2d 1018, 403 N.Y.S.2d 764, 1978 N.Y. App. Div. LEXIS 11072

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 1978

StatusPublished

Cited by1 cases

This text of 62 A.D.2d 1018 (Barksdale v. D'Elia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barksdale v. D'Elia, 62 A.D.2d 1018, 403 N.Y.S.2d 764, 1978 N.Y. App. Div. LEXIS 11072 (N.Y. Ct. App. 1978).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated April 20, 1977 and made after a statutory fair hearing, which affirmed a determination of the local agency to discontinue a grant of aid to dependent children. Determination annulled, on the law, without costs or disbursements, and respondents are directed to [1019]*1019reinstate the grant retroactively, as of the date of its termination. In the absence in this record of a showing of lack of need, we are not persuaded that the determination to discontinue public assistance to a mother and two infant children was supported by substantial evidence (see Matter of Rosa v Lavine, 50 AD2d 571). Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated April 20, 1977 and made after a statutory fair hearing, which affirmed a determination of the local agency to discontinue a grant of aid to dependent children. Determination annulled, on the law, without costs or disbursements, and respondents are directed to [1019]*1019reinstate the grant retroactively, as of the date of its termination. In the absence in this record of a showing of lack of need, we are not persuaded that the determination to discontinue public assistance to a mother and two infant children was supported by substantial evidence (see Matter of Rosa v Lavine, 50 AD2d 571). Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.

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Bluebook (online)

62 A.D.2d 1018, 403 N.Y.S.2d 764, 1978 N.Y. App. Div. LEXIS 11072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barksdale-v-delia-nyappdiv-1978.

Opinion

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