Williams v. New York State Department of Social Services

Appellate Division of the Supreme Court of New York

Williams v. New York State Department of Social Services

42 A.D.2d 902, 347 N.Y.S.2d 462, 1973 N.Y. App. Div. LEXIS 8301

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

DecidedSeptember 17, 1973

StatusPublished

This text of 42 A.D.2d 902 (Williams v. New York State Department of Social Services) 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

Williams v. New York State Department of Social Services, 42 A.D.2d 902, 347 N.Y.S.2d 462, 1973 N.Y. App. Div. LEXIS 8301 (N.Y. Ct. App. 1973).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR (1) to review a determination of the New York State Department of Social Services, dated November 28, 1972 and made after a hearing, which affirmed a determination of the Nassau County Department of Social Services denying petitioner’s request for a grant to meet the cost of painting the outside trim of her home as a property repair, and (2) for alternative relief against the Village of Freeport. Determination annulled, on the law, without costs, and a new fair hearing ordered, at which petitioner’s application shall be considered de nova. In denying petitioner’s application, the respondent Social Service agencies relied on a prior denial of a request for both interior and exterior painting, despite the fact that following the prior denial and prior to the second request the Village of Freeport enacted an ordinance requiring home owners to place a protective coating of paint or other suitable preservative on the exterior wood surfaces of their homes. Furthermore, the village had informed petitioner that she was in violation of the ordinance and had asked her to comply under threat of a fine. We are of the opinion that in the light of the change of circumstances the respondent .agencies erred in relying on the first determination and not considering the new facts. Accordingly, a new fair hearing should be had at which time the application should be considered de nova. Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR (1) to review a determination of the New York State Department of Social Services, dated November 28, 1972 and made after a hearing, which affirmed a determination of the Nassau County Department of Social Services denying petitioner’s request for a grant to meet the cost of painting the outside trim of her home as a property repair, and (2) for alternative relief against the Village of Freeport. Determination annulled, on the law, without costs, and a new fair hearing ordered, at which petitioner’s application shall be considered de nova. In denying petitioner’s application, the respondent Social Service agencies relied on a prior denial of a request for both interior and exterior painting, despite the fact that following the prior denial and prior to the second request the Village of Freeport enacted an ordinance requiring home owners to place a protective coating of paint or other suitable preservative on the exterior wood surfaces of their homes. Furthermore, the village had informed petitioner that she was in violation of the ordinance and had asked her to comply under threat of a fine. We are of the opinion that in the light of the change of circumstances the respondent .agencies erred in relying on the first determination and not considering the new facts. Accordingly, a new fair hearing should be had at which time the application should be considered de nova. Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

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Bluebook (online)

42 A.D.2d 902, 347 N.Y.S.2d 462, 1973 N.Y. App. Div. LEXIS 8301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-new-york-state-department-of-social-services-nyappdiv-1973.