Pleasant v. Wing

Appellate Division of the Supreme Court of New York

Pleasant v. Wing

249 A.D.2d 986, 671 N.Y.S.2d 383, 1998 N.Y. App. Div. LEXIS 5149

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1998·Published·Cited by 1 cases

Opinion

—Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: The notice informing petitioner that his public assistance and medical assistance benefits would be discontinued was insufficient because it failed to inform him adequately of the reasons for the discontinuance and the issues that were to be the subject of the fair hearing (see, Matter of Colon v Blum, 81 AD2d 637, 638). Thus, we annul that portion of the determination that sustained the suspension of petitioner’s public assistance and medical assistance benefits.

The determination to discontinue petitioner’s food stamps benefits is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 179). Thus, we confirm that portion of the determination. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Denman, P. J., Green, Pigott, Jr., Callahan and Fallon, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: The notice informing petitioner that his public assistance and medical assistance benefits would be discontinued was insufficient because it failed to inform him adequately of the reasons for the discontinuance and the issues that were to be the subject of the fair hearing (see, Matter of Colon v Blum, 81 AD2d 637, 638). Thus, we annul that portion of the determination that sustained the suspension of petitioner’s public assistance and medical assistance benefits.

The determination to discontinue petitioner’s food stamps benefits is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 179). Thus, we confirm that portion of the determination. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Denman, P. J., Green, Pigott, Jr., Callahan and Fallon, JJ.

Pleasant v. Wing, 249 A.D.2d 986, 671 N.Y.S.2d 383, 1998 N.Y. App. Div. LEXIS 5149 (N.Y. Ct. App. 1998).

Pincite

249 A.D.2d 986 (Pleasant v. Wing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related