Morales v. Smith

Appellate Division of the Supreme Court of New York

Morales v. Smith

56 A.D.2d 602, 391 N.Y.S.2d 469, 1977 N.Y. App. Div. LEXIS 10679

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

DecidedFebruary 15, 1977

StatusPublished

This text of 56 A.D.2d 602 (Morales v. Smith) 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

Morales v. Smith, 56 A.D.2d 602, 391 N.Y.S.2d 469, 1977 N.Y. App. Div. LEXIS 10679 (N.Y. Ct. App. 1977).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State commissioner, dated December 14, 1975 and made after a hearing, which affirmed an order of the New York City Department of Social Services reducing petitioner’s grant of public assistance in order to recoup an alleged overpayment. Determination annulled, on the law, without costs or disbursements, and matter remitted to the State agency for a de novo hearing and a new determination in accordance herewith. Pursuant to Matter of Uhrovick v Lavine (43 AD2d 481, affd 35 NY2d 892) and Matter of Scarpelli v Lavine (48 AD2d 899), before any recoupment may be had there must be proof that the income of petitioner’s husband was actually available for the support of his stepchildren. In addition, the respondents have failed to indicate how the total overpayment of $2,275 was computed. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent State commissioner, dated December 14, 1975 and made after a hearing, which affirmed an order of the New York City Department of Social Services reducing petitioner’s grant of public assistance in order to recoup an alleged overpayment. Determination annulled, on the law, without costs or disbursements, and matter remitted to the State agency for a de novo hearing and a new determination in accordance herewith. Pursuant to Matter of Uhrovick v Lavine (43 AD2d 481, affd 35 NY2d 892) and Matter of Scarpelli v Lavine (48 AD2d 899), before any recoupment may be had there must be proof that the income of petitioner’s husband was actually available for the support of his stepchildren. In addition, the respondents have failed to indicate how the total overpayment of $2,275 was computed. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 602, 391 N.Y.S.2d 469, 1977 N.Y. App. Div. LEXIS 10679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-smith-nyappdiv-1977.

Opinion

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