Sanchez v. Lavine

Appellate Division of the Supreme Court of New York

Sanchez v. Lavine

46 A.D.2d 677, 1974 N.Y. App. Div. LEXIS 3914

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

DecidedOctober 21, 1974

StatusPublished

This text of 46 A.D.2d 677 (Sanchez v. Lavine) 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

Sanchez v. Lavine, 46 A.D.2d 677, 1974 N.Y. App. Div. LEXIS 3914 (N.Y. Ct. App. 1974).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to annul a determination of the respondent State Commissioner, dated May 7, 1973, made after a statutory fair hearing, which affirmed a decision of the respondent city Commissioner to discontinue public assistance benefits to petitioner’s children on the ground that petitioner had failed to comply with section 360 of the Social Services Law in that she had refused to execute a bond and mortgage [678]*678on certain real property to the respondent Department of Social Services of the City of New York. Application granted; determinations of both respondents annulled, on the law, without costs; and the benefits to the children are directed to be reinstated retroactively from April 16, 1973, the date of termination. The facts of this case bring it within the ambit of Matter of Payne v. Sugarman (31 N Y 2d 845) and Matter of Bidgel v. Lavine (77 Mise 2d 21, affd. 43 A D 2d 831). Accordingly, the determinations cannot stand and the benefits to the children must be restored. Gulotta, P. J., Hopkins, Shapiro, Christ and Munder, JJ., concur.

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

Proceeding pursuant to article 78 of the CPLR to annul a determination of the respondent State Commissioner, dated May 7, 1973, made after a statutory fair hearing, which affirmed a decision of the respondent city Commissioner to discontinue public assistance benefits to petitioner’s children on the ground that petitioner had failed to comply with section 360 of the Social Services Law in that she had refused to execute a bond and mortgage [678]*678on certain real property to the respondent Department of Social Services of the City of New York. Application granted; determinations of both respondents annulled, on the law, without costs; and the benefits to the children are directed to be reinstated retroactively from April 16, 1973, the date of termination. The facts of this case bring it within the ambit of Matter of Payne v. Sugarman (31 N Y 2d 845) and Matter of Bidgel v. Lavine (77 Mise 2d 21, affd. 43 A D 2d 831). Accordingly, the determinations cannot stand and the benefits to the children must be restored. Gulotta, P. J., Hopkins, Shapiro, Christ and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 677, 1974 N.Y. App. Div. LEXIS 3914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-lavine-nyappdiv-1974.