Foster v. D'Elia

Appellate Division of the Supreme Court of New York

Foster v. D'Elia

72 A.D.2d 813, 421 N.Y.S.2d 905, 1979 N.Y. App. Div. LEXIS 14089

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

DecidedNovember 26, 1979

StatusPublished

Cited by6 cases

This text of 72 A.D.2d 813 (Foster 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

Foster v. D'Elia, 72 A.D.2d 813, 421 N.Y.S.2d 905, 1979 N.Y. App. Div. LEXIS 14089 (N.Y. Ct. App. 1979).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel the Commissioner of the Nassau County Department of Social Services to provide petitioner and her family with a grant of assistance, the county commissioner appeals from so much of a judgment of the Supreme Court, Nassau County, dated July 5, 1979, as (1) set aside his notices of discontinuance of public assistance and of denial of public assistance and (2) directed him to restore petitioner’s grant retroactive to November 12, 1978. Judgment affirmed insofar as appealed from, without costs or disbursements. The notice of discontinuance of assistance issued by appellant did not conform to the requirements of 45 CFR 205.10 (a) (4) (i) (B) in that it failed to state "the specific regulations supporting [its] action”. The notice was therefore ineffective. (See King v Smith, 392 US 309 [A State financing plan must conform with rules and regulations promulgated by the Department of Health, Education and Welfare].) Furthermore, appellant’s termination of aid to dependent children without consideration of their needs was error. (See, e.g., Matter of Zabala v Lavine, 48 AD2d 880.) Rabin, J. P., Cohalan, Margett and Gibbons, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to compel the Commissioner of the Nassau County Department of Social Services to provide petitioner and her family with a grant of assistance, the county commissioner appeals from so much of a judgment of the Supreme Court, Nassau County, dated July 5, 1979, as (1) set aside his notices of discontinuance of public assistance and of denial of public assistance and (2) directed him to restore petitioner’s grant retroactive to November 12, 1978. Judgment affirmed insofar as appealed from, without costs or disbursements. The notice of discontinuance of assistance issued by appellant did not conform to the requirements of 45 CFR 205.10 (a) (4) (i) (B) in that it failed to state "the specific regulations supporting [its] action”. The notice was therefore ineffective. (See King v Smith, 392 US 309 [A State financing plan must conform with rules and regulations promulgated by the Department of Health, Education and Welfare].) Furthermore, appellant’s termination of aid to dependent children without consideration of their needs was error. (See, e.g., Matter of Zabala v Lavine, 48 AD2d 880.) Rabin, J. P., Cohalan, Margett and Gibbons, JJ., concur.

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Bluebook (online)

72 A.D.2d 813, 421 N.Y.S.2d 905, 1979 N.Y. App. Div. LEXIS 14089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-delia-nyappdiv-1979.

Opinion

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