Colon v. Lavine

Appellate Division of the Supreme Court of New York

Colon v. Lavine

48 A.D.2d 656, 367 N.Y.S.2d 549, 1975 N.Y. App. Div. LEXIS 9662

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

DecidedMay 5, 1975

StatusPublished

Cited by1 cases

This text of 48 A.D.2d 656 (Colon 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

Colon v. Lavine, 48 A.D.2d 656, 367 N.Y.S.2d 549, 1975 N.Y. App. Div. LEXIS 9662 (N.Y. Ct. App. 1975).

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Opinion

Proceeding pursuant to CPLR article 78 to annul a determination of the respondent Commissioner of the Department of Social Services of the State of New York, dated November 29, 1974 and made after a statutory fair hearing, which affirmed a determination of the respondent Commissioner of the Department of Social Services ■ of the City of New York, dated September 25, 1974, to terminate public assistance to petitioner and her two children and niece on the ground that petitioner failed to comply with 18 NYCRR 351.1. Application granted; determination of both respondents annulled, on the law, without costs; and the benefits in question are directed to be reinstated retroactively to the extent they have been withheld. The social services agencies could not properly deprive an otherwise eligible family unit of public assistance because of petitioner’s failure to notify the local agency that her husband had forcibly moved into the household in July, 1974 and that she, one of her children and her niece had vacated the household in September, 1974, when there was no showing that the husband supported the family (NY Const, art XVII, § 1; cf. Payne v Sugarman, 39 AD2d 720). Rabin, Acting P. J., Hopkins, Latham, Christ and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to annul a determination of the respondent Commissioner of the Department of Social Services of the State of New York, dated November 29, 1974 and made after a statutory fair hearing, which affirmed a determination of the respondent Commissioner of the Department of Social Services ■ of the City of New York, dated September 25, 1974, to terminate public assistance to petitioner and her two children and niece on the ground that petitioner failed to comply with 18 NYCRR 351.1. Application granted; determination of both respondents annulled, on the law, without costs; and the benefits in question are directed to be reinstated retroactively to the extent they have been withheld. The social services agencies could not properly deprive an otherwise eligible family unit of public assistance because of petitioner’s failure to notify the local agency that her husband had forcibly moved into the household in July, 1974 and that she, one of her children and her niece had vacated the household in September, 1974, when there was no showing that the husband supported the family (NY Const, art XVII, § 1; cf. Payne v Sugarman, 39 AD2d 720). Rabin, Acting P. J., Hopkins, Latham, Christ and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 656, 367 N.Y.S.2d 549, 1975 N.Y. App. Div. LEXIS 9662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colon-v-lavine-nyappdiv-1975.

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