Vitale v. D'Elia

Appellate Division of the Supreme Court of New York

Vitale v. D'Elia

78 A.D.2d 543, 432 N.Y.S.2d 93, 1980 N.Y. App. Div. LEXIS 12870

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

DecidedSeptember 22, 1980

StatusPublished

This text of 78 A.D.2d 543 (Vitale 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

Vitale v. D'Elia, 78 A.D.2d 543, 432 N.Y.S.2d 93, 1980 N.Y. App. Div. LEXIS 12870 (N.Y. Ct. App. 1980).

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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 24, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for a grant of aid to dependent children. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The finding by the State commissioner that petitioner’s automobile is a valuable asset not essential to the needs of petitioner and her dependent child and thus an available resource for their support is supported by substantial evidence on the record. This case is distinguishable from Matter of Gunn v Blum (48 NY2d 58), in that the instant matter involves a question of eligibility for, rather than discontinuance of, public assistance. Damiani, J. P., Gibbons, Rabin and Margett, 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 24, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for a grant of aid to dependent children. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The finding by the State commissioner that petitioner’s automobile is a valuable asset not essential to the needs of petitioner and her dependent child and thus an available resource for their support is supported by substantial evidence on the record. This case is distinguishable from Matter of Gunn v Blum (48 NY2d 58), in that the instant matter involves a question of eligibility for, rather than discontinuance of, public assistance. Damiani, J. P., Gibbons, Rabin and Margett, JJ., concur.

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Bluebook (online)

78 A.D.2d 543, 432 N.Y.S.2d 93, 1980 N.Y. App. Div. LEXIS 12870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitale-v-delia-nyappdiv-1980.

Opinion

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