Lamonica v. D'Elia

Appellate Division of the Supreme Court of New York

Lamonica v. D'Elia

80 A.D.2d 898

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

DecidedMarch 16, 1981

StatusPublished

This text of 80 A.D.2d 898 (Lamonica v. D'Elia) 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

Lamonica v. D'Elia, 80 A.D.2d 898 (N.Y. Ct. App. 1981).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated August 7, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for home relief because of his refusal to file income tax returns for a year during which he had been gainfully employed. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The fair hearing record establishes the petitioner’s refusal to submit income tax returns and it is conceded in his brief that he has “a potentially available resource of 1978 income tax refunds in the amount of $220.54”. “The pressing test for eligibility is the availability of assets rather than those assets actually possessed”. (Matter of Flynn v Bates, 67 AD2d 975, 977.) Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated August 7, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for home relief because of his refusal to file income tax returns for a year during which he had been gainfully employed. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The fair hearing record establishes the petitioner’s refusal to submit income tax returns and it is conceded in his brief that he has “a potentially available resource of 1978 income tax refunds in the amount of $220.54”. “The pressing test for eligibility is the availability of assets rather than those assets actually possessed”. (Matter of Flynn v Bates, 67 AD2d 975, 977.) Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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Bluebook (online)

80 A.D.2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamonica-v-delia-nyappdiv-1981.

Opinion

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