Mitchell v. Toia

Determination of respondent State Commissioner of Social Services rendered on decision after fair hearing, dated April 24, 1978 (superseding decision dated October 19, 1976), is unanimously modified, on the law, to the extent of directing that any recoupment from current benefits shall require a finding that funds are available in excess of the funds necessary to meet the needs of the dependent children during the period of recoupment, and such recoupment shall be limited to the amount of such excess, and the determination is otherwise confirmed, without costs and without disbursements. It is…