Jones v. Toia

Appellate Division of the Supreme Court of New York

Jones v. Toia

59 A.D.2d 535, 397 N.Y.S.2d 16, 1977 N.Y. App. Div. LEXIS 13316

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

DecidedAugust 1, 1977

StatusPublished

This text of 59 A.D.2d 535 (Jones v. Toia) 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

Jones v. Toia, 59 A.D.2d 535, 397 N.Y.S.2d 16, 1977 N.Y. App. Div. LEXIS 13316 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated October 25, 1976 and made after a statutory fair hearing, which affirmed a determination of the local agency to deny the petitioners’ application for public assistance in the category of aid to families with dependent children, the appeal is from a judgment of the Supreme Court, Westchester County, entered January 25, 1977, which, inter alia, denied the application and dismissed the petition. Judgment affirmed, without costs or disbursements. The adult petitioner has caused her disqualification for unemployment insurance benefits by continuing her enrollment in a college program which was unauthorized by the State Department of Labor. She has thereby disregarded a potential resource of which she should have availed herself before seeking public assistance. At Special Term the adult petitioner waived any question of whether any substantial evidence existed for the determination made by respondents, thus precluding this court from considering any factual basis for the "emergency” relief claimed by her. Hopkins, J. P., Shapiro, Suozzi and Mollen, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated October 25, 1976 and made after a statutory fair hearing, which affirmed a determination of the local agency to deny the petitioners’ application for public assistance in the category of aid to families with dependent children, the appeal is from a judgment of the Supreme Court, Westchester County, entered January 25, 1977, which, inter alia, denied the application and dismissed the petition. Judgment affirmed, without costs or disbursements. The adult petitioner has caused her disqualification for unemployment insurance benefits by continuing her enrollment in a college program which was unauthorized by the State Department of Labor. She has thereby disregarded a potential resource of which she should have availed herself before seeking public assistance. At Special Term the adult petitioner waived any question of whether any substantial evidence existed for the determination made by respondents, thus precluding this court from considering any factual basis for the "emergency” relief claimed by her. Hopkins, J. P., Shapiro, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

59 A.D.2d 535, 397 N.Y.S.2d 16, 1977 N.Y. App. Div. LEXIS 13316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-toia-nyappdiv-1977.