McDonald v. D'Elia

Appellate Division of the Supreme Court of New York

McDonald v. D'Elia

84 A.D.2d 551, 443 N.Y.S.2d 236, 1981 N.Y. App. Div. LEXIS 15615

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

DecidedOctober 13, 1981

StatusPublished

This text of 84 A.D.2d 551 (McDonald 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

McDonald v. D'Elia, 84 A.D.2d 551, 443 N.Y.S.2d 236, 1981 N.Y. App. Div. LEXIS 15615 (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 22,1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner’s grant of public assistance by 10% each month for the purpose of recovering a broker’s fee and moving expenses. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to pay petitioner all sums which may have been withheld pursuant to the determination. The determination was not supported by substantial evidence. Furthermore, there was no evidence to show that the children’s needs were individually analyzed by the local agency (see Colon v Shang, 74 AD2d 559; Matter of McPhaul v Toia, 56 AD2d 630). Damiani, J.P., Lazer, Gulotta and Margett, 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 22,1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner’s grant of public assistance by 10% each month for the purpose of recovering a broker’s fee and moving expenses. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to pay petitioner all sums which may have been withheld pursuant to the determination. The determination was not supported by substantial evidence. Furthermore, there was no evidence to show that the children’s needs were individually analyzed by the local agency (see Colon v Shang, 74 AD2d 559; Matter of McPhaul v Toia, 56 AD2d 630). Damiani, J.P., Lazer, Gulotta and Margett, JJ., concur.

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Bluebook (online)

84 A.D.2d 551, 443 N.Y.S.2d 236, 1981 N.Y. App. Div. LEXIS 15615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-delia-nyappdiv-1981.

Opinion

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