Home/New York Court of Appeals/Knowles v. Lavine

Knowles v. Lavine

313 N.E.2d 342, 34 N.Y.2d 721, 356 N.Y.S.2d 864, 1974 N.Y. LEXIS 1634
CourtNew York Court of Appeals
DecidedMay 2, 1974
StatusPublished
Cited by11 cases

This text of 313 N.E.2d 342 (Knowles v. Lavine) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knowles v. Lavine, 313 N.E.2d 342, 34 N.Y.2d 721, 356 N.Y.S.2d 864, 1974 N.Y. LEXIS 1634 (N.Y. 1974).

Opinion

Memorandum. The judgment of the Appellate Division should be reversed, without costs, and the matter remitted to Special Term with directions to remand to the respondent State Department of Social Services for a new hearing.

[722]*722Respondent discontinued petitioner’s public assistance grant until she - sells her 1972 automobile and utilizes the resources toward her income. The determination was based on findings that the automobile was not an essential resource because public transportation was available to petitioner and that moneys could be realized from its sale which would either eliminate or reduce petitioner’s need for public assistance. Neither of these findings is supported by substantial evidence on the record. On a new hearing it will be necessary to establish the availability of transportation and that the automobile is a currently valuable asset whose sale would result in a cash surplus which could then be applied to petitioner’s needs.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur.

Judgment reversed, without costs, and the matter remitted to Special Term for further proceedings in accordance with the memorandum herein.

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

Related

Reid v. Toia
72 A.D.2d 465 (Appellate Division of the Supreme Court of New York, 1980)
Curry v. Blum
73 A.D.2d 965 (Appellate Division of the Supreme Court of New York, 1980)
Reed v. Toia
63 A.D.2d 814 (Appellate Division of the Supreme Court of New York, 1978)
Friend v. Fahey
57 A.D.2d 1032 (Appellate Division of the Supreme Court of New York, 1977)
Conway v. D'Elia
56 A.D.2d 888 (Appellate Division of the Supreme Court of New York, 1977)
Palermo v. Toia
56 A.D.2d 889 (Appellate Division of the Supreme Court of New York, 1977)
Johnson v. Toia
56 A.D.2d 628 (Appellate Division of the Supreme Court of New York, 1977)
Mc Phaul v. Toia
56 A.D.2d 630 (Appellate Division of the Supreme Court of New York, 1977)
Paskoff v. Toia
56 A.D.2d 631 (Appellate Division of the Supreme Court of New York, 1977)
Natole v. Toia
55 A.D.2d 1050 (Appellate Division of the Supreme Court of New York, 1977)
Wilson v. Berger
52 A.D.2d 586 (Appellate Division of the Supreme Court of New York, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
313 N.E.2d 342, 34 N.Y.2d 721, 356 N.Y.S.2d 864, 1974 N.Y. LEXIS 1634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knowles-v-lavine-ny-1974.