Middleton v. D'Elia

Proceeding pursuant to CPLR article 78, inter alia, to review so much of a determination of the respondent State Commissioner of Social Services, dated May 19, 1980 and made after a statutory fair hearing, as “affirmed” the local agency’s decision to budget petitioner’s current income and to recoup overpayments based on petitioner’s willful failure to inform the agency of receipt of a lump-sum grant of Social Security benefits. Petition granted to the extent that the determination is annulled insofar as reviewed, on the law, without costs or disbursements, and respondents are directed to…