Braker v. Blum

Appellate Division of the Supreme Court of New York

Braker v. Blum

84 A.D.2d 762, 443 N.Y.S.2d 775, 1981 N.Y. App. Div. LEXIS 15945

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

DecidedNovember 9, 1981

StatusPublished

This text of 84 A.D.2d 762 (Braker v. Blum) 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

Braker v. Blum, 84 A.D.2d 762, 443 N.Y.S.2d 775, 1981 N.Y. App. Div. LEXIS 15945 (N.Y. Ct. App. 1981).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent State commissioner, dated February 7, 1980 and made after a statutory fair hearing, as affirmed the determination of the respondent local agency insofar as it removed petitioner’s needs from the public assistance budget for 30 days because of her alleged failure to co-operate with the agency’s work incentive program. Petition granted, and determination annulled, insofar as reviewed, on the law, without costs or disbursements. The sole evidence submitted by the agency at the hearing was hearsay. It was not corroborated by the testimony of the petitioner and therefore cannot constitute the substantial evidence upon which an administrative decision must be based (see Matter of Ayala v Toia, 59 AD2d 739). Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent State commissioner, dated February 7, 1980 and made after a statutory fair hearing, as affirmed the determination of the respondent local agency insofar as it removed petitioner’s needs from the public assistance budget for 30 days because of her alleged failure to co-operate with the agency’s work incentive program. Petition granted, and determination annulled, insofar as reviewed, on the law, without costs or disbursements. The sole evidence submitted by the agency at the hearing was hearsay. It was not corroborated by the testimony of the petitioner and therefore cannot constitute the substantial evidence upon which an administrative decision must be based (see Matter of Ayala v Toia, 59 AD2d 739). Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

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Bluebook (online)

84 A.D.2d 762, 443 N.Y.S.2d 775, 1981 N.Y. App. Div. LEXIS 15945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braker-v-blum-nyappdiv-1981.

Opinion

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