De Giacomo v. Blum

Appellate Division of the Supreme Court of New York

De Giacomo v. Blum

74 A.D.2d 624, 424 N.Y.S.2d 878, 1980 N.Y. App. Div. LEXIS 10284

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

DecidedFebruary 19, 1980

StatusPublished

This text of 74 A.D.2d 624 (De Giacomo v. Blum) 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

De Giacomo v. Blum, 74 A.D.2d 624, 424 N.Y.S.2d 878, 1980 N.Y. App. Div. LEXIS 10284 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State commissioner, dated November 4, 1977 and made after a statutory fair hearing, which affirmed the determination of the local agency reducing petitioner’s grant of public assistance, to recover an overpayment, said petitioner appeals from a judgment of the Supreme Court, Westchester County, dated August 3, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. The respondent State commissioner’s determination is supported by substantial evidence. Contrary to the petitioner’s contention, this is not a proper case to [625]*625apply the doctrine of collateral estoppel because there is no clear identity of issue. Rather, this case must be determined upon its own peculiar set of facts. Hopkins, J. P., Rabin, O’Connor and Weinstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State commissioner, dated November 4, 1977 and made after a statutory fair hearing, which affirmed the determination of the local agency reducing petitioner’s grant of public assistance, to recover an overpayment, said petitioner appeals from a judgment of the Supreme Court, Westchester County, dated August 3, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. The respondent State commissioner’s determination is supported by substantial evidence. Contrary to the petitioner’s contention, this is not a proper case to [625]*625apply the doctrine of collateral estoppel because there is no clear identity of issue. Rather, this case must be determined upon its own peculiar set of facts. Hopkins, J. P., Rabin, O’Connor and Weinstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

74 A.D.2d 624, 424 N.Y.S.2d 878, 1980 N.Y. App. Div. LEXIS 10284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-giacomo-v-blum-nyappdiv-1980.