Black v. Toia

Judgment unanimously reversed, without costs, and matter remitted to State Department of Social Services for further proceedings, in accordance with the following memorandum: In this CPLR article 78 proceeding Special Term vacated and annulled a decision after fair hearing by the State Department of Social Services which affirmed a determination of the county department of social services to recoup a lump-sum Social Security grant received by petitioner on behalf of two of her children. The issue to be resolved at the fair hearing was whether petitioner willfully withheld information from the…