Lluveras v. Lavine

Appellate Division of the Supreme Court of New York

Lluveras v. Lavine

50 A.D.2d 605, 375 N.Y.S.2d 393, 1975 N.Y. App. Div. LEXIS 12392

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

DecidedNovember 24, 1975

StatusPublished

This text of 50 A.D.2d 605 (Lluveras v. Lavine) 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

Lluveras v. Lavine, 50 A.D.2d 605, 375 N.Y.S.2d 393, 1975 N.Y. App. Div. LEXIS 12392 (N.Y. Ct. App. 1975).

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Opinion

— In a proceeding pursuant to CPLR article 78 to annul a determination of the respondent New York State Department of Social Services, dated May 28, 1974, which, after a fair hearing, affirmed a determination of the respondent Nassau County Department of Social Services discontinuing a grant of public assistance to petitioner (not including the grant to her granddaughter), effective April 25, 1974 (for 30 days), on the ground she had terminated her employment "without good reason”. Determinations annulled and petition granted, on the law, without costs, and respondents are directed to reinstate the grant to petitioner for the period of time during which the discontinuance was operative. The determinations under review were not supported by substantial evidence. The evidence adduced at the hearing did not indicate that petitioner, while receiving public assistance, voluntarily left her employment for the purpose of qualifying for a larger amount of such assistance (18 NYCRR 385.7[a][l]). Rabin, Acting P. J., Martuscello, Latham, Margett and Munder, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to annul a determination of the respondent New York State Department of Social Services, dated May 28, 1974, which, after a fair hearing, affirmed a determination of the respondent Nassau County Department of Social Services discontinuing a grant of public assistance to petitioner (not including the grant to her granddaughter), effective April 25, 1974 (for 30 days), on the ground she had terminated her employment "without good reason”. Determinations annulled and petition granted, on the law, without costs, and respondents are directed to reinstate the grant to petitioner for the period of time during which the discontinuance was operative. The determinations under review were not supported by substantial evidence. The evidence adduced at the hearing did not indicate that petitioner, while receiving public assistance, voluntarily left her employment for the purpose of qualifying for a larger amount of such assistance (18 NYCRR 385.7[a][l]). Rabin, Acting P. J., Martuscello, Latham, Margett and Munder, JJ., concur.

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Bluebook (online)

50 A.D.2d 605, 375 N.Y.S.2d 393, 1975 N.Y. App. Div. LEXIS 12392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lluveras-v-lavine-nyappdiv-1975.