Patrick v. v. New York City Department of Social Services

Appellate Division of the Supreme Court of New York

Patrick v. v. New York City Department of Social Services

257 A.D.2d 512, 684 N.Y.S.2d 530, 1999 N.Y. App. Div. LEXIS 716

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1999·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, New York County (Herman [513] Cahn, J.), entered January 12, 1998, in a proceeding pursuant to CPLR article 78, which dismissed the petition to annul respondents’ determination denying petitioner retroactive public assistance benefits, unanimously affirmed, without costs.

Although respondent New York City Department of Social Services improperly reduced petitioner’s benefits in violation of 18 NYCRR 358-3.6 (a) (1) (i); 358-6.4 (a); and 358-4.2, she is not entitled to retroactive benefits since she was not a recipient of public assistance benefits at the time of the fair hearing (Social Services Law § 106-b). Concur—Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Herman [513] Cahn, J.), entered January 12, 1998, in a proceeding pursuant to CPLR article 78, which dismissed the petition to annul respondents’ determination denying petitioner retroactive public assistance benefits, unanimously affirmed, without costs.

Although respondent New York City Department of Social Services improperly reduced petitioner’s benefits in violation of 18 NYCRR 358-3.6 (a) (1) (i); 358-6.4 (a); and 358-4.2, she is not entitled to retroactive benefits since she was not a recipient of public assistance benefits at the time of the fair hearing (Social Services Law § 106-b). Concur—Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

Patrick v. v. New York City Department of Social Services, 257 A.D.2d 512, 684 N.Y.S.2d 530, 1999 N.Y. App. Div. LEXIS 716 (N.Y. Ct. App. 1999).

Pincite

257 A.D.2d 512 (Patrick v. v. New York City Department of Social Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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