Brewster v. Dumpson

Appellate Division of the Supreme Court of New York

Brewster v. Dumpson

54 A.D.2d 563, 387 N.Y.S.2d 17, 1976 N.Y. App. Div. LEXIS 13887

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

DecidedSeptember 20, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 563 (Brewster v. Dumpson) 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

Brewster v. Dumpson, 54 A.D.2d 563, 387 N.Y.S.2d 17, 1976 N.Y. App. Div. LEXIS 13887 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of respondent Lavine, as Commissioner of the New York State Department of Social Services, dated October 23, 1974 and made after a fair hearing, which affirmed a determination of respondent Dumpson (1) terminating petitioner’s grant of home relief and (2) denying his application for such aid, petitioner appeals, as limited by his notice of appeal and brief, from so much of a judgment of the Supreme Court, Kings County, entered April 8, 1975, as dismissed the proceeding. Judgment reversed insofar as appealed from, without costs and disbursements, determination annulled, and matter remitted to the respondent State commissioner for a new hearing and determination. The proof adduced at the hearing does not sustain the finding that petitioner willfully concealed income. His conviction, occurring subsequent to the decision after the hearing, likewise constitutes inadequate proof to sustain such finding. Under the circumstances, a new hearing is warranted. Martuscello, Acting P. J., Latham, Margett, Rabin and Hawkins, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of respondent Lavine, as Commissioner of the New York State Department of Social Services, dated October 23, 1974 and made after a fair hearing, which affirmed a determination of respondent Dumpson (1) terminating petitioner’s grant of home relief and (2) denying his application for such aid, petitioner appeals, as limited by his notice of appeal and brief, from so much of a judgment of the Supreme Court, Kings County, entered April 8, 1975, as dismissed the proceeding. Judgment reversed insofar as appealed from, without costs and disbursements, determination annulled, and matter remitted to the respondent State commissioner for a new hearing and determination. The proof adduced at the hearing does not sustain the finding that petitioner willfully concealed income. His conviction, occurring subsequent to the decision after the hearing, likewise constitutes inadequate proof to sustain such finding. Under the circumstances, a new hearing is warranted. Martuscello, Acting P. J., Latham, Margett, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 563, 387 N.Y.S.2d 17, 1976 N.Y. App. Div. LEXIS 13887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewster-v-dumpson-nyappdiv-1976.

Opinion

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