Silas v. Berger

Appellate Division of the Supreme Court of New York

Silas v. Berger

51 A.D.2d 971, 380 N.Y.S.2d 298, 1976 N.Y. App. Div. LEXIS 11699

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

DecidedMarch 1, 1976

StatusPublished

This text of 51 A.D.2d 971 (Silas v. Berger) 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

Silas v. Berger, 51 A.D.2d 971, 380 N.Y.S.2d 298, 1976 N.Y. App. Div. LEXIS 11699 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Social Services of the State of New York, dated July 30, 1975, which, after a statutory fair hearing, affirmed a determination of the respondent Commissioner of the Department of Social Services of the City of New York to discontinue the grant of aid to dependent children to petitioner. Determination annulled, without costs or disbursements, and matter remitted to the State Commissioner for a further hearing and for the making of a determination de novo. The State Commissioner agreed with the determination of the local agency that petitioner had concealed ownership of an automobile "which is an asset available to meet the needs of the family”. The local agency rested its case upon a complaint from an anonymous source and an unsigned registration plate record. Such evidence, standing alone, clearly fails to satisfy the test of substantial evidence (cf. Matter of Cedeno v Lavine, 46 AD2d 687; Matter of Del Valle v Sugarman, 44 AD2d 523). Latham, Acting P. J., Damiani, Christ, Shapiro and Titone, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Social Services of the State of New York, dated July 30, 1975, which, after a statutory fair hearing, affirmed a determination of the respondent Commissioner of the Department of Social Services of the City of New York to discontinue the grant of aid to dependent children to petitioner. Determination annulled, without costs or disbursements, and matter remitted to the State Commissioner for a further hearing and for the making of a determination de novo. The State Commissioner agreed with the determination of the local agency that petitioner had concealed ownership of an automobile "which is an asset available to meet the needs of the family”. The local agency rested its case upon a complaint from an anonymous source and an unsigned registration plate record. Such evidence, standing alone, clearly fails to satisfy the test of substantial evidence (cf. Matter of Cedeno v Lavine, 46 AD2d 687; Matter of Del Valle v Sugarman, 44 AD2d 523). Latham, Acting P. J., Damiani, Christ, Shapiro and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 971, 380 N.Y.S.2d 298, 1976 N.Y. App. Div. LEXIS 11699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silas-v-berger-nyappdiv-1976.

Opinion

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