Kennedy v. Shang

Appellate Division of the Supreme Court of New York

Kennedy v. Shang

69 A.D.2d 818, 414 N.Y.S.2d 741, 1979 N.Y. App. Div. LEXIS 11469

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

DecidedApril 2, 1979

StatusPublished

This text of 69 A.D.2d 818 (Kennedy v. Shang) 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

Kennedy v. Shang, 69 A.D.2d 818, 414 N.Y.S.2d 741, 1979 N.Y. App. Div. LEXIS 11469 (N.Y. Ct. App. 1979).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the State commissioner, dated May 27, 1977 and made after a statutory fair hearing, which affirmed a determination of the local agency denying the petitioner’s request for a special grant of public assistance to purchase furniture, the State commissioner appeals from a judgment of the Supreme Court, Kings County, entered November 17, 1977, which, inter alia, (1) annulled the determination and (2) directed that the petitioner be provided with the assistance sought. Judgment affirmed, without costs or disbursements. Petitioner is the recipient of a grant of aid to dependent children for herself and six minor children. She left her uninhabitable first-floor apartment at the direction of the local agency to take shelter with a friend who has seven children and is also a recipient of assistance. Several days after petitioner left there was a fire in her building. When she returned shortly thereafter she found the first floor boarded up and the upper floors burned out. She was unable to gain entry into the building and there was no one to speak to concerning what had occurred. An agency representative who visited the premises a few days later and tried unsuccessfully to reach the landlord was also unable to learn whether petitioner’s furniture was still in the apartment and in a usable condition. The State commissioner affirmed the local agency’s denial of petitioner’s request for furniture. In our opinion, under the circumstances of this record, the refusal to make the grant was an improvident exercise of discretion (see Social Services Law, § 131, subd 1; § 350-j, subd 3). Suozzi, J. P., O’Connor, Lazer and Gulotta, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the State commissioner, dated May 27, 1977 and made after a statutory fair hearing, which affirmed a determination of the local agency denying the petitioner’s request for a special grant of public assistance to purchase furniture, the State commissioner appeals from a judgment of the Supreme Court, Kings County, entered November 17, 1977, which, inter alia, (1) annulled the determination and (2) directed that the petitioner be provided with the assistance sought. Judgment affirmed, without costs or disbursements. Petitioner is the recipient of a grant of aid to dependent children for herself and six minor children. She left her uninhabitable first-floor apartment at the direction of the local agency to take shelter with a friend who has seven children and is also a recipient of assistance. Several days after petitioner left there was a fire in her building. When she returned shortly thereafter she found the first floor boarded up and the upper floors burned out. She was unable to gain entry into the building and there was no one to speak to concerning what had occurred. An agency representative who visited the premises a few days later and tried unsuccessfully to reach the landlord was also unable to learn whether petitioner’s furniture was still in the apartment and in a usable condition. The State commissioner affirmed the local agency’s denial of petitioner’s request for furniture. In our opinion, under the circumstances of this record, the refusal to make the grant was an improvident exercise of discretion (see Social Services Law, § 131, subd 1; § 350-j, subd 3). Suozzi, J. P., O’Connor, Lazer and Gulotta, JJ., concur.

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Bluebook (online)

69 A.D.2d 818, 414 N.Y.S.2d 741, 1979 N.Y. App. Div. LEXIS 11469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-shang-nyappdiv-1979.