Broadway v. Smith

Appellate Division of the Supreme Court of New York

Broadway v. Smith

64 A.D.2d 920, 407 N.Y.S.2d 975, 1978 N.Y. App. Div. LEXIS 12807

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

DecidedAugust 14, 1978

StatusPublished

This text of 64 A.D.2d 920 (Broadway v. Smith) 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

Broadway v. Smith, 64 A.D.2d 920, 407 N.Y.S.2d 975, 1978 N.Y. App. Div. LEXIS 12807 (N.Y. Ct. App. 1978).

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Opinion

—In three proceedings pursuant to CPLR article 78 to review determinations of the Commissioner of the New York State Department of Social Services, which, after a statutory fair hearing in each proceeding, affirmed determinations of the local agency to reduce petitioners’ respective public assistance grants by the amount by which their nonexempt State educational grants exceeded their remaining educational expenses after exempt Federal educational grants had been subtracted therefrom, the State commissioner appeals, as limited by his brief, from so much of two judgments of the Supreme Court, Kings County, one dated July 21, 1977 (in the St. Paul and Lazarini proceedings), and the other dated September 16, 1977 (in the Broadway proceeding), as annulled the determinations and directed that petitioners be restored to their full grants, retroactively. Judgments reversed insofar as appealed from, on the law, without costs or disbursements, and proceedings dismissed on the merits (see Matter of Lumpkin v Department of Social Servs. of State of N. Y., 45 NY2d 351). Hopkins, J. P., Martuscello, Damiani and Rabin, JJ., concur.

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—In three proceedings pursuant to CPLR article 78 to review determinations of the Commissioner of the New York State Department of Social Services, which, after a statutory fair hearing in each proceeding, affirmed determinations of the local agency to reduce petitioners’ respective public assistance grants by the amount by which their nonexempt State educational grants exceeded their remaining educational expenses after exempt Federal educational grants had been subtracted therefrom, the State commissioner appeals, as limited by his brief, from so much of two judgments of the Supreme Court, Kings County, one dated July 21, 1977 (in the St. Paul and Lazarini proceedings), and the other dated September 16, 1977 (in the Broadway proceeding), as annulled the determinations and directed that petitioners be restored to their full grants, retroactively. Judgments reversed insofar as appealed from, on the law, without costs or disbursements, and proceedings dismissed on the merits (see Matter of Lumpkin v Department of Social Servs. of State of N. Y., 45 NY2d 351). Hopkins, J. P., Martuscello, Damiani and Rabin, JJ., concur.

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Bluebook (online)

64 A.D.2d 920, 407 N.Y.S.2d 975, 1978 N.Y. App. Div. LEXIS 12807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-v-smith-nyappdiv-1978.

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