Zink v. Battistoni

Appellate Division of the Supreme Court of New York

Zink v. Battistoni

131 A.D.2d 567, 516 N.Y.S.2d 285, 1987 N.Y. App. Div. LEXIS 48021

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

DecidedJune 8, 1987

StatusPublished

This text of 131 A.D.2d 567 (Zink v. Battistoni) 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

Zink v. Battistoni, 131 A.D.2d 567, 516 N.Y.S.2d 285, 1987 N.Y. App. Div. LEXIS 48021 (N.Y. Ct. App. 1987).

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Opinion

In a proceeding pursuant to CPLR article 78, to review a determination of the New York State Commissioner of Social Services dated July 17, 1985, which affirmed a determination of the local agency denying the petitioner’s application for emergency assistance, the petitioner appeals from an order of the Supreme Court, Dutchess County (Benson, J.), dated April 1, 1986, which dismissed her petition for failure to state a cause of action.

[568]*568Ordered that the judgment is reversed, on the law, with costs, the proceeding is reinstated, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings.

A person who is destitute is entitled to emergency assistance pursuant to Social Services Law § 350-j in order to replace spoiled food if she can show that her refrigerator broke down, the supply of food spoiled, and she has no immediate funds with which to replace the food (see, e.g., Matter of Borders v Nassau County Dept. of Social Servs., 34 AD2d 805). As the petition in the case at bar alleged precisely these facts, it stated a valid cause of action and should not have been dismissed. Mollen, P. J., Bracken, Niehoff and Lawrence, JJ., concur.

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In a proceeding pursuant to CPLR article 78, to review a determination of the New York State Commissioner of Social Services dated July 17, 1985, which affirmed a determination of the local agency denying the petitioner’s application for emergency assistance, the petitioner appeals from an order of the Supreme Court, Dutchess County (Benson, J.), dated April 1, 1986, which dismissed her petition for failure to state a cause of action.

[568]*568Ordered that the judgment is reversed, on the law, with costs, the proceeding is reinstated, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings.

A person who is destitute is entitled to emergency assistance pursuant to Social Services Law § 350-j in order to replace spoiled food if she can show that her refrigerator broke down, the supply of food spoiled, and she has no immediate funds with which to replace the food (see, e.g., Matter of Borders v Nassau County Dept. of Social Servs., 34 AD2d 805). As the petition in the case at bar alleged precisely these facts, it stated a valid cause of action and should not have been dismissed. Mollen, P. J., Bracken, Niehoff and Lawrence, JJ., concur.

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Bluebook (online)

131 A.D.2d 567, 516 N.Y.S.2d 285, 1987 N.Y. App. Div. LEXIS 48021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zink-v-battistoni-nyappdiv-1987.

Opinion

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