Sanders v. Lavine

Appellate Division of the Supreme Court of New York

Sanders v. Lavine

49 A.D.2d 837, 373 N.Y.S.2d 588, 1975 N.Y. App. Div. LEXIS 10976

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

DecidedOctober 16, 1975

StatusPublished

This text of 49 A.D.2d 837 (Sanders 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

Sanders v. Lavine, 49 A.D.2d 837, 373 N.Y.S.2d 588, 1975 N.Y. App. Div. LEXIS 10976 (N.Y. Ct. App. 1975).

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Opinion

Determination of respondent, Commissioner of the New York State Department of Social Services, dated January 8, 1974, reducing petitioner’s public assistance grant in order to recoup money allegedly fraudulently received by her as a result of unreported income and concealment of a lodger in her home, unanimously annulled, on the law, without costs and without disbursements, and proceeding remanded to respondent for hearing anew. On the issue of whether petitioner actually received and failed to report income, the respondent’s determination is insufficiently supported by only hearsay evidence (Matter of Del Valle v Sugarman, 44 AD2d 523). Petitioner concedes that her sister has resided with her since 1967, but she claims that she did not financially contribute to the running of the household. There is no evidence of such contributions, except for portions of a few insignificant bills, and respondent’s reliance upon the automatic assumption of contribution resulting from 18 NYCRR 352.30 (d) is misplaced. (Van Lare v Hurley, 421 US 338.) Concur—Kupferman, J. P., Lupiano, Tilzer, Capozzoli and Lane, JJ.

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Determination of respondent, Commissioner of the New York State Department of Social Services, dated January 8, 1974, reducing petitioner’s public assistance grant in order to recoup money allegedly fraudulently received by her as a result of unreported income and concealment of a lodger in her home, unanimously annulled, on the law, without costs and without disbursements, and proceeding remanded to respondent for hearing anew. On the issue of whether petitioner actually received and failed to report income, the respondent’s determination is insufficiently supported by only hearsay evidence (Matter of Del Valle v Sugarman, 44 AD2d 523). Petitioner concedes that her sister has resided with her since 1967, but she claims that she did not financially contribute to the running of the household. There is no evidence of such contributions, except for portions of a few insignificant bills, and respondent’s reliance upon the automatic assumption of contribution resulting from 18 NYCRR 352.30 (d) is misplaced. (Van Lare v Hurley, 421 US 338.) Concur—Kupferman, J. P., Lupiano, Tilzer, Capozzoli and Lane, JJ.

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Bluebook (online)

49 A.D.2d 837, 373 N.Y.S.2d 588, 1975 N.Y. App. Div. LEXIS 10976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-lavine-nyappdiv-1975.

Opinion

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