Mitchell v. Toia

Appellate Division of the Supreme Court of New York

Mitchell v. Toia

62 A.D.2d 932, 404 N.Y.S.2d 311, 1978 N.Y. App. Div. LEXIS 10939

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

DecidedApril 11, 1978

StatusPublished

This text of 62 A.D.2d 932 (Mitchell v. Toia) 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

Mitchell v. Toia, 62 A.D.2d 932, 404 N.Y.S.2d 311, 1978 N.Y. App. Div. LEXIS 10939 (N.Y. Ct. App. 1978).

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Opinion

Article 78 proceeding for review of orders of State Department of Social Services and city Department of Social Services transferred to this court by order of Supreme Court, New York County, entered June 7, 1977, is unanimously held in abeyance for 30 days following the date of the order hereon. Pursuant to CPLR 7804 (subd [e]), respondents, State and city Commissioners of Social Services, are directed, within 30 days after the date of this order, to supplement their answers by supplying the following materials to correct defects or omissions in their answers: (a) A correct or corrected copy of the first full paragraph on page 2 of the "Decision Ater Fair Hearing” dated October 19, 1976. (b) A statement of the respect in which "the method of recoupment is modified” in the next paragraph of said decision of October 19, 1976, including, particularly, a statement of the amount and the rate of recoupment ordered by the local agency and the respect in which the State agency has modified it. Concur—Lupiano, J. P., Silverman, Evans, Lane and Sandler, JJ.

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Article 78 proceeding for review of orders of State Department of Social Services and city Department of Social Services transferred to this court by order of Supreme Court, New York County, entered June 7, 1977, is unanimously held in abeyance for 30 days following the date of the order hereon. Pursuant to CPLR 7804 (subd [e]), respondents, State and city Commissioners of Social Services, are directed, within 30 days after the date of this order, to supplement their answers by supplying the following materials to correct defects or omissions in their answers: (a) A correct or corrected copy of the first full paragraph on page 2 of the "Decision Ater Fair Hearing” dated October 19, 1976. (b) A statement of the respect in which "the method of recoupment is modified” in the next paragraph of said decision of October 19, 1976, including, particularly, a statement of the amount and the rate of recoupment ordered by the local agency and the respect in which the State agency has modified it. Concur—Lupiano, J. P., Silverman, Evans, Lane and Sandler, JJ.

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Bluebook (online)

62 A.D.2d 932, 404 N.Y.S.2d 311, 1978 N.Y. App. Div. LEXIS 10939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-toia-nyappdiv-1978.