Best v. New York State Department of Social Services

Appellate Division of the Supreme Court of New York

Best v. New York State Department of Social Services

228 A.D.2d 193, 643 N.Y.2d 339, 643 N.Y.S.2d 339, 1996 N.Y. App. Div. LEXIS 6426

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

DecidedJune 6, 1996

StatusPublished

Cited by1 cases

This text of 228 A.D.2d 193 (Best v. New York State Department of Social Services) 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.

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Best v. New York State Department of Social Services, 228 A.D.2d 193, 643 N.Y.2d 339, 643 N.Y.S.2d 339, 1996 N.Y. App. Div. LEXIS 6426 (N.Y. Ct. App. 1996).

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Opinion

[194]*194Substantial evidence in the record supports respondent’s determination upholding denial of petitioner’s application for emergency rent assistance on the ground that he was ineligible therefor (see, Baumes v Lavine, 38 NY2d 296). Petitioner failed to show, inter alia, that the emergency grant was necessary to forestall eviction or that there was a threat to his health and safety (18 NYCRR 352.7 [g] [3] [i], [ii]; see, Matter of Hawkins v Commissioner of N. Y. State Dept. of Social Servs., 161 AD2d 377). It is also clear that petitioner was ineligible for this grant because his gross income exceeds 125 percent of the current Federal income poverty line (18 NYCRR 370.3 [b] [2]). Concur— Milonas, J. P., Rosenberger, Ross and Tom, JJ.

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[194]*194Substantial evidence in the record supports respondent’s determination upholding denial of petitioner’s application for emergency rent assistance on the ground that he was ineligible therefor (see, Baumes v Lavine, 38 NY2d 296). Petitioner failed to show, inter alia, that the emergency grant was necessary to forestall eviction or that there was a threat to his health and safety (18 NYCRR 352.7 [g] [3] [i], [ii]; see, Matter of Hawkins v Commissioner of N. Y. State Dept. of Social Servs., 161 AD2d 377). It is also clear that petitioner was ineligible for this grant because his gross income exceeds 125 percent of the current Federal income poverty line (18 NYCRR 370.3 [b] [2]). Concur— Milonas, J. P., Rosenberger, Ross and Tom, JJ.

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Bluebook (online)

228 A.D.2d 193, 643 N.Y.2d 339, 643 N.Y.S.2d 339, 1996 N.Y. App. Div. LEXIS 6426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/best-v-new-york-state-department-of-social-services-nyappdiv-1996.

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