K.S. v. New Jersey Department of Human Services, Division of Family Development
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Opinion
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0184-22
K.S.,
Petitioner-Appellant,
v.
NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY DEVELOPMENT,
Respondent-Respondent. _____________________________
Submitted November 13, 2023 – Decided November 22, 2023
Before Judges Berdote Byrne and Bishop-Thompson.
On appeal from the New Jersey Department of Human Services, Division of Family Development, Agency Docket No. C402092020.
K.S., appellant pro se.
Matthew J. Platkin, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Elizabeth M. Tingley, Deputy Attorney General, on the brief).
PER CURIAM Plaintiff, K.S., appeals from a final agency decision of the Department of
Human Services, Division of Family Development (DFD), temporarily
suspending her benefits for six months. Because K.S. has resumed receiving
benefits, we dismiss this appeal as moot.
I.
In May 2022, plaintiff was evicted from the room she was renting for
violations of her tenancy. Following her eviction, plaintiff sought shelter
placement from the Union County Division of Social Services (UCDSS).
UCDSS placed plaintiff at a shelter. Plaintiff was subsequently terminated from
the shelter for violation of shelter rules. UCDSS placed plaintiff at another
shelter and explained to her if she was terminated at this shelter, her emergency
assistance (EA) benefits would be suspended for six months. Plaintiff
acknowledged she understood. Plaintiff was again terminated, and UCDSS
suspended plaintiff's EA benefits from June 10, 2022 to December 12, 2022.
Plaintiff requested a fair hearing on the decision to suspend her EA
benefits and the matter was transmitted to the Office of Administrative Law
(OAL). While the OAL hearing was pending, plaintiff's EA benefits continued.
During that time, plaintiff was placed at two more shelters and subsequently
terminated from both.
A-0184-22 2 An administrative law judge (ALJ) conducted a hearing and heard
testimony from five DFD witnesses and plaintiff. In July 2022, the ALJ issued
an initial decision upholding UCDSS's decision to suspend plaintiff's EA
benefits for a period of six months. On August 30, 2022, DFD issued a final
agency decision adopting the ALJ's factual findings and legal conclusions,
affirming the six-month suspension of plaintiff's EA benefits. Pursuant to the
final agency decision, plaintiff's six-month period of ineligibility began to run
as of August 30, 2022, the date of the decision, because she received EA benefits
pending the outcome of the fair hearing. Plaintiff appealed.
II.
"An issue is moot when the decision sought in a matter, when rendered,
can have no practical effect on the existing controversy." N.J. Div. of Youth
and Family Serv. v. J.C., 423 N.J. Super. 259, 263 (App. Div. 2011) (internal
citation and quotation marks omitted). An issue that has become moot "prior to
judicial resolution ordinarily will be dismissed." Ibid. "[A]n appeal will not be
moot when 'a party suffers from the adverse consequences…caused by [the
prior] proceeding.'" Ibid. (quoting N.J. Div. of Youth and Family Serv. v. A.P.,
408 N.J. Super. 252, 262 (App. Div 2009)).
A-0184-22 3 Plaintiff's appeal of the DFD's final agency decision to suspend her EA
benefits for a period of six months is moot. Plaintiff's six-month period of
ineligibility began on August 30, 2022, the date in which the final agency
decision was rendered. After this period of ineligibility expired, plaintiff
reapplied for and received EA benefits. Plaintiff alleges no adverse
consequences stemming from the temporary suspension of her EA benefits.
We conclude because plaintiff's period of ineligibility has expired and she
has since resumed receiving EA benefits, her appeal of the agency decision
upholding the temporary suspension of her benefits is moot.
Dismissed.
A-0184-22 4
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