James v. Kaladjian

Appellate Division of the Supreme Court of New York

James v. Kaladjian

215 A.D.2d 759, 627 N.Y.S.2d 91, 1995 N.Y. App. Div. LEXIS 5684

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

DecidedMay 30, 1995

StatusPublished

This text of 215 A.D.2d 759 (James v. Kaladjian) 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

James v. Kaladjian, 215 A.D.2d 759, 627 N.Y.S.2d 91, 1995 N.Y. App. Div. LEXIS 5684 (N.Y. Ct. App. 1995).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Acting Commissioner of the New York State Department of Social Services, , dated April 1, 1993, which, after a hearing, denied the petitioner’s application for storage expenses retroactive to 1985.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner seeks to compel the respondent Acting Commissioner of the New York State Department of Social Services to pay seven years of storage fees totalling approximately $14,000 that the petitioner incurred after she was evicted from her apartment. However, the petitioner failed to present sufficient evidence showing that the placement of her belongings in storage was authorized. Moreover, 18 NYCRR 352.6 (f), upon which the petitioner relies, applies to short-term emergencies. It was "never intended to subsidize indefi[760]*760nite storage” (Matter of Marquart v Perales, 142 AD2d 678, 679). One month after her eviction, the petitioner relocated to furnished rooms where she resided for the next seven years. Thus, her emergency need for storage facilities had long passed (see, Orenstein v Perales, 180 AD2d 443). Accordingly, the finding of the respondent Acting Commissioner of the New York State Department of Social Services that the petitioner is not entitled to payment for the storage of her personal belongings is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222). Pizzuto, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Acting Commissioner of the New York State Department of Social Services, , dated April 1, 1993, which, after a hearing, denied the petitioner’s application for storage expenses retroactive to 1985.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner seeks to compel the respondent Acting Commissioner of the New York State Department of Social Services to pay seven years of storage fees totalling approximately $14,000 that the petitioner incurred after she was evicted from her apartment. However, the petitioner failed to present sufficient evidence showing that the placement of her belongings in storage was authorized. Moreover, 18 NYCRR 352.6 (f), upon which the petitioner relies, applies to short-term emergencies. It was "never intended to subsidize indefi[760]*760nite storage” (Matter of Marquart v Perales, 142 AD2d 678, 679). One month after her eviction, the petitioner relocated to furnished rooms where she resided for the next seven years. Thus, her emergency need for storage facilities had long passed (see, Orenstein v Perales, 180 AD2d 443). Accordingly, the finding of the respondent Acting Commissioner of the New York State Department of Social Services that the petitioner is not entitled to payment for the storage of her personal belongings is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222). Pizzuto, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

215 A.D.2d 759, 627 N.Y.S.2d 91, 1995 N.Y. App. Div. LEXIS 5684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-kaladjian-nyappdiv-1995.

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