Adams v. Toia

Determination unanimously confirmed, without costs. Memorandum: We find substantial evidence to support the commissioner’s finding after a fair hearing that: "The record establishes that appellant received $411.59 in overpayments of assistance to which she was not entitled due to her willful failure to report the receipt of income tax refunds in that amount.” (see 300 Gramatan Ave. Assoc, v State Div. of Human Rights, 45 NY2d 176; Matter of Vickers v Lavine, 56 AD2d 731). The proof was uncontradicted that before she received the refund checks, appellant received, signed and returned to the…