Baez v. Bane

OPINION OF THE COURT

Peter Tom, J.

The novel issue raised in this proceeding is whether the New York State Department of Social Services (State DSS) should forfeit its right of reimbursement for interim assistance benefits paid to a recipient when its subsidiary, the New York City Department of Social Services (City DSS), withholds Supplemental Security Income (SSI) checks, issued to the recipient, for more than 10 days in repeated violation of Federal and State statutes.

Petitioner Jose Baez (Baez) brings this CPLR article 78 proceeding to annul so much of a determination made after a fair…