Darrow v. D'Elia

Appellate Division of the Supreme Court of New York

Darrow v. D'Elia

54 A.D.2d 905, 388 N.Y.S.2d 25, 1976 N.Y. App. Div. LEXIS 14736

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

DecidedNovember 1, 1976

StatusPublished

Cited by3 cases

This text of 54 A.D.2d 905 (Darrow v. D'Elia) 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

Darrow v. D'Elia, 54 A.D.2d 905, 388 N.Y.S.2d 25, 1976 N.Y. App. Div. LEXIS 14736 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated December 2, 1975, which, after a fair hearing, affirmed a determination of the respondent Commissioner of the Nassau County Department of Social Services, which reduced petitioner’s grant of public assistance by changing the category of assistance she received from aid to dependent children to home relief. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. A review of the entire record discloses that there is substantial evidence to support the determination under review. Under the circumstances, this court is without power to interfere (see Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Collins v Codd, 38 NY2d 269). Matter of Uhrovick v Lavine (43 AD2d 481, affd 35 NY2d 892) merely held that a social services agency could not presume that the income of a stepparent in the house was available for the support of the stepchildren. Here, the finding of the agency is supported by the facts that (1) the family was living together, (2) the household furniture was shared in common, (3) the husband was paying the gas and electric bills and (4) the husband and wife had a joint checking account. Martuscello, Acting P. J., Latham, Cohalan, Margett and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated December 2, 1975, which, after a fair hearing, affirmed a determination of the respondent Commissioner of the Nassau County Department of Social Services, which reduced petitioner’s grant of public assistance by changing the category of assistance she received from aid to dependent children to home relief. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. A review of the entire record discloses that there is substantial evidence to support the determination under review. Under the circumstances, this court is without power to interfere (see Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Collins v Codd, 38 NY2d 269). Matter of Uhrovick v Lavine (43 AD2d 481, affd 35 NY2d 892) merely held that a social services agency could not presume that the income of a stepparent in the house was available for the support of the stepchildren. Here, the finding of the agency is supported by the facts that (1) the family was living together, (2) the household furniture was shared in common, (3) the husband was paying the gas and electric bills and (4) the husband and wife had a joint checking account. Martuscello, Acting P. J., Latham, Cohalan, Margett and Shapiro, JJ., concur.

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Bluebook (online)

54 A.D.2d 905, 388 N.Y.S.2d 25, 1976 N.Y. App. Div. LEXIS 14736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darrow-v-delia-nyappdiv-1976.

Opinion

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