Goloty v. Smith

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated October 19, 1976 and made after a statutory fair hearing, which modified a determination of the local agency to recoup overpayments from petitioner’s current assistance grant by reducing the amount to be recouped. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to return *643to petitioner the amount withheld from his grant. Petitioner is, and was at all times relevant to this…