Pescara v. Perales

Appellate Division of the Supreme Court of New York

Pescara v. Perales

106 A.D.2d 886, 483 N.Y.S.2d 502, 1984 N.Y. App. Div. LEXIS 21798

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

DecidedDecember 14, 1984

StatusPublished

This text of 106 A.D.2d 886 (Pescara v. Perales) 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

Pescara v. Perales, 106 A.D.2d 886, 483 N.Y.S.2d 502, 1984 N.Y. App. Div. LEXIS 21798 (N.Y. Ct. App. 1984).

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Opinion

Determination unanimously annulled, on the law, with costs, petition granted and respondents directed to reinstate in full petitioner’s public assistance grant and pay back so much of the grant as has been withheld from her, if any. Memorandum: After a fair hearing, the respondents discontinued the petitioner’s aid for dependent children because she failed to notify the local agency of a change in her household, specifically, that her two adult sons were living with her. It was improper to discontinue the assistance for the benefit of the minor child because of the fault of the parent without showing a present lack of need (see Matter of Gunn v Blum, 48 NY2d 58). (Article 78 proceeding transferred by order of Supreme Court, Orleans County, Miles, J.) Present — Doerr, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Determination unanimously annulled, on the law, with costs, petition granted and respondents directed to reinstate in full petitioner’s public assistance grant and pay back so much of the grant as has been withheld from her, if any. Memorandum: After a fair hearing, the respondents discontinued the petitioner’s aid for dependent children because she failed to notify the local agency of a change in her household, specifically, that her two adult sons were living with her. It was improper to discontinue the assistance for the benefit of the minor child because of the fault of the parent without showing a present lack of need (see Matter of Gunn v Blum, 48 NY2d 58). (Article 78 proceeding transferred by order of Supreme Court, Orleans County, Miles, J.) Present — Doerr, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Bluebook (online)

106 A.D.2d 886, 483 N.Y.S.2d 502, 1984 N.Y. App. Div. LEXIS 21798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pescara-v-perales-nyappdiv-1984.

Opinion

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