Shafran v. Smith

Appellate Division of the Supreme Court of New York

Shafran v. Smith

60 A.D.2d 581, 400 N.Y.S.2d 12, 1977 N.Y. App. Div. LEXIS 14525

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

DecidedDecember 5, 1977

StatusPublished

Cited by3 cases

This text of 60 A.D.2d 581 (Shafran v. Smith) 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

Shafran v. Smith, 60 A.D.2d 581, 400 N.Y.S.2d 12, 1977 N.Y. App. Div. LEXIS 14525 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Social Services, dated February 1, 1977 and made after a fair hearing, which affirmed a determination of the local agency denying petitioner’s application for a supplemental allowance for moving expenses, the appeal is from so much of a judgment of the Supreme Court, Kings County, dated June 14, 1977, as failed to award petitioner the full amount of her claimed moving expenses. Judgment reversed insofar as appealed from,, on the law, without costs or disbursements, petition granted, determination annulled, and matter remanded to the respondent Department of Social Services to determine the reasonable moving expenses incurred by petitioner and for payment to her of that amount. Under the circumstances, the failure to authorize the grant for moving expenses would be detrimental to petitioner’s health and welfare. Moreover the expense is current within the meaning of 18 NYCRR 352.7 (g) since petitioner has not yet discharged the obligation she incurred in order to obtain the moving services. Rabin, J. P., Shapiro, Suozzi and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Social Services, dated February 1, 1977 and made after a fair hearing, which affirmed a determination of the local agency denying petitioner’s application for a supplemental allowance for moving expenses, the appeal is from so much of a judgment of the Supreme Court, Kings County, dated June 14, 1977, as failed to award petitioner the full amount of her claimed moving expenses. Judgment reversed insofar as appealed from,, on the law, without costs or disbursements, petition granted, determination annulled, and matter remanded to the respondent Department of Social Services to determine the reasonable moving expenses incurred by petitioner and for payment to her of that amount. Under the circumstances, the failure to authorize the grant for moving expenses would be detrimental to petitioner’s health and welfare. Moreover the expense is current within the meaning of 18 NYCRR 352.7 (g) since petitioner has not yet discharged the obligation she incurred in order to obtain the moving services. Rabin, J. P., Shapiro, Suozzi and O’Connor, JJ., concur.

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Bluebook (online)

60 A.D.2d 581, 400 N.Y.S.2d 12, 1977 N.Y. App. Div. LEXIS 14525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shafran-v-smith-nyappdiv-1977.

Opinion

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