Brown v. Lavine

Appellate Division of the Supreme Court of New York

Brown v. Lavine

47 A.D.2d 656, 364 N.Y.S.2d 33, 1975 N.Y. App. Div. LEXIS 8847

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

DecidedFebruary 18, 1975

StatusPublished

Cited by2 cases

This text of 47 A.D.2d 656 (Brown v. Lavine) 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

Brown v. Lavine, 47 A.D.2d 656, 364 N.Y.S.2d 33, 1975 N.Y. App. Div. LEXIS 8847 (N.Y. Ct. App. 1975).

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Opinion

In a proceeding pursuant to CPLR article 78 inter alla to review a determination of the respondent New York State Department of Social Services, dated April 11, 1974, which, after a fair hearing, affirmed a denial by the respondent Nassau County Department of Social Services of petitioner’s request for a special allowance to purchase household furnishings, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered July 9, 1974, which dismissed the petition. Judgment reversed, on the law, without costs, determinations of the State and local agencies annulled, and the' respondent local agency is directed to grant petitioner’s request. It is undisputed that petitioner and her family, recipients of public assistance, were rendered destitute, under the circumstances of this case, when their furniture was irreparably damaged. They were thus entitled to “ emergency assistance ” pursuant to the provisions of section 350-j of the Social Services Law. Gulotta, P. J., Hopkins, Martuscello and Latham, JJ., concur.

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In a proceeding pursuant to CPLR article 78 inter alla to review a determination of the respondent New York State Department of Social Services, dated April 11, 1974, which, after a fair hearing, affirmed a denial by the respondent Nassau County Department of Social Services of petitioner’s request for a special allowance to purchase household furnishings, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered July 9, 1974, which dismissed the petition. Judgment reversed, on the law, without costs, determinations of the State and local agencies annulled, and the' respondent local agency is directed to grant petitioner’s request. It is undisputed that petitioner and her family, recipients of public assistance, were rendered destitute, under the circumstances of this case, when their furniture was irreparably damaged. They were thus entitled to “ emergency assistance ” pursuant to the provisions of section 350-j of the Social Services Law. Gulotta, P. J., Hopkins, Martuscello and Latham, JJ., concur.

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Bluebook (online)

47 A.D.2d 656, 364 N.Y.S.2d 33, 1975 N.Y. App. Div. LEXIS 8847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-lavine-nyappdiv-1975.

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