Mann v. Berger

Appellate Division of the Supreme Court of New York

Mann v. Berger

60 A.D.2d 844, 400 N.Y.S.2d 726, 1978 N.Y. App. Div. LEXIS 9864

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

DecidedJanuary 3, 1978

StatusPublished

This text of 60 A.D.2d 844 (Mann v. Berger) 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

Mann v. Berger, 60 A.D.2d 844, 400 N.Y.S.2d 726, 1978 N.Y. App. Div. LEXIS 9864 (N.Y. Ct. App. 1978).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the New York State Department of Social Services, dated July 31, 1975, and made after a statutory fair hearing, which affirmed a decision of the local agency to deny petitioner’s request for emergency assistance, the State [845]*845commissioner appeals from a judgment of the Supreme Court, Nassau County, dated May 14, 1976, which, inter alia, annulled the determination. Judgment affirmed, without costs or disbursements, on the opinion of Mr. Justice Harnett at Special Term. We wish to note, however, that section 350-j of the Social Services Law, the statute under consideration, was amended subsequent to the petitioner’s application for emergency assistance (see L 1977, ch 77, § 10). Since the amended version does not apply in this proceeding (see L 1977, ch 77, §31), we do not consider whether such assistance is still available as the statute is presently worded. Rabin, J. P., Titone, Suozzi and Mollen, JJ., concur. [86 Misc 2d 690.]

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Commissioner of the New York State Department of Social Services, dated July 31, 1975, and made after a statutory fair hearing, which affirmed a decision of the local agency to deny petitioner’s request for emergency assistance, the State [845]*845commissioner appeals from a judgment of the Supreme Court, Nassau County, dated May 14, 1976, which, inter alia, annulled the determination. Judgment affirmed, without costs or disbursements, on the opinion of Mr. Justice Harnett at Special Term. We wish to note, however, that section 350-j of the Social Services Law, the statute under consideration, was amended subsequent to the petitioner’s application for emergency assistance (see L 1977, ch 77, § 10). Since the amended version does not apply in this proceeding (see L 1977, ch 77, §31), we do not consider whether such assistance is still available as the statute is presently worded. Rabin, J. P., Titone, Suozzi and Mollen, JJ., concur. [86 Misc 2d 690.]

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Bluebook (online)

60 A.D.2d 844, 400 N.Y.S.2d 726, 1978 N.Y. App. Div. LEXIS 9864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-berger-nyappdiv-1978.