Randall v. D'Elia

Appellate Division of the Supreme Court of New York

Randall v. D'Elia

87 A.D.2d 651, 450 N.Y.S.2d 423, 1982 N.Y. App. Div. LEXIS 15987

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

DecidedMarch 29, 1982

StatusPublished

This text of 87 A.D.2d 651 (Randall v. D'Elia) 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

Randall v. D'Elia, 87 A.D.2d 651, 450 N.Y.S.2d 423, 1982 N.Y. App. Div. LEXIS 15987 (N.Y. Ct. App. 1982).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated November 19, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to discontinue petitioner’s grant of public assistance in the category of home relief for a period of 90 days as a result of her failure to comply with certain of the Commissioner’s regulations regarding the certification of employables (18 NYCRR 385.5 [b]; 385.8 [b]). Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination of the State commissioner, upholding sanctions imposed on petitioner pursuant to subdivision (b) of section 385.7 (now § 385.8, subd [b]) of the regulations, is supported by substantial evidence appearing on the record considered as a whole (see Matter of Tillman v Fahey, 73 AD2d 980, affd 53 NY2d 815). Gulotta, J. P., Thompson, Brown and Niehoff, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated November 19, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to discontinue petitioner’s grant of public assistance in the category of home relief for a period of 90 days as a result of her failure to comply with certain of the Commissioner’s regulations regarding the certification of employables (18 NYCRR 385.5 [b]; 385.8 [b]). Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination of the State commissioner, upholding sanctions imposed on petitioner pursuant to subdivision (b) of section 385.7 (now § 385.8, subd [b]) of the regulations, is supported by substantial evidence appearing on the record considered as a whole (see Matter of Tillman v Fahey, 73 AD2d 980, affd 53 NY2d 815). Gulotta, J. P., Thompson, Brown and Niehoff, JJ., concur.

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Bluebook (online)

87 A.D.2d 651, 450 N.Y.S.2d 423, 1982 N.Y. App. Div. LEXIS 15987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-delia-nyappdiv-1982.

Opinion

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