White v. D'Elia

Appellate Division of the Supreme Court of New York

White v. D'Elia

80 A.D.2d 874, 436 N.Y.S.2d 786, 1981 N.Y. App. Div. LEXIS 10725

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

DecidedMarch 16, 1981

StatusPublished

Cited by4 cases

This text of 80 A.D.2d 874 (White 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

White v. D'Elia, 80 A.D.2d 874, 436 N.Y.S.2d 786, 1981 N.Y. App. Div. LEXIS 10725 (N.Y. Ct. App. 1981).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated August 14, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner’s grant of public assistance by 10% each month for the purpose of recouping an overpayment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Petitioner’s contention that the action by the local agency [875]*875was illegal because the agency failed to provide proper notice to her of its intention to reduce her grant of public assistance is without merit. Petitioner did, in fact, request a hearing within 60 days of the agency’s determination, and did appear at said hearing with her representative (at which time she was duly apprised of the reasons for the agency’s recoupment). There has been no showing of prejudice. Titone, J.P., Gibbons, O’Connor and Thompson, 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 August 14, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner’s grant of public assistance by 10% each month for the purpose of recouping an overpayment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Petitioner’s contention that the action by the local agency [875]*875was illegal because the agency failed to provide proper notice to her of its intention to reduce her grant of public assistance is without merit. Petitioner did, in fact, request a hearing within 60 days of the agency’s determination, and did appear at said hearing with her representative (at which time she was duly apprised of the reasons for the agency’s recoupment). There has been no showing of prejudice. Titone, J.P., Gibbons, O’Connor and Thompson, JJ., concur.

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Bluebook (online)

80 A.D.2d 874, 436 N.Y.S.2d 786, 1981 N.Y. App. Div. LEXIS 10725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-delia-nyappdiv-1981.

Opinion

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