Bernard v. Toia

Appellate Division of the Supreme Court of New York

Bernard v. Toia

71 A.D.2d 1002, 420 N.Y.S.2d 294, 1979 N.Y. App. Div. LEXIS 13330

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

DecidedSeptember 24, 1979

StatusPublished

This text of 71 A.D.2d 1002 (Bernard v. Toia) 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

Bernard v. Toia, 71 A.D.2d 1002, 420 N.Y.S.2d 294, 1979 N.Y. App. Div. LEXIS 13330 (N.Y. Ct. App. 1979).

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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 7, 1977 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for a special allowance to replace furniture lost as the result of a fire. Petition granted, determination annulled, on the law, without costs or disbursements, and the respondents are directed to grant petitioner’s application. The petitioner and her family, recipients of public assistance, were rendered destitute, under the circumstances of this case, when their furniture was damaged beyond use due to a fire, and was then discarded by the landlord. They were thus entitled to "emergency assistance” pursuant to the provisions of section 350-j of the Social Services Law. Hopkins, J. P., Titone, Mangano and Gulotta, 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 7, 1977 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for a special allowance to replace furniture lost as the result of a fire. Petition granted, determination annulled, on the law, without costs or disbursements, and the respondents are directed to grant petitioner’s application. The petitioner and her family, recipients of public assistance, were rendered destitute, under the circumstances of this case, when their furniture was damaged beyond use due to a fire, and was then discarded by the landlord. They were thus entitled to "emergency assistance” pursuant to the provisions of section 350-j of the Social Services Law. Hopkins, J. P., Titone, Mangano and Gulotta, JJ., concur.

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Bluebook (online)

71 A.D.2d 1002, 420 N.Y.S.2d 294, 1979 N.Y. App. Div. LEXIS 13330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-toia-nyappdiv-1979.