Bryant v. Lavine

Judgment unanimously affirmed, without costs. Memorandum: This is an appeal by respondent Abe Lavine, as Commissioner of New York State Department of Social Services, from a judgment of Supreme Court, Monroe County, which judgment, inter alia: (a) vacated the fair hearing determination of appellant Commissioner affirming the authority of the Director of the Monroe County Department of Social Services to recoup additional allowances given to petitioners, at their request, to restore or prevent discontinuance of utility services; (b) declared 18 NYCRR 352.7(gX5), which directs such recoupment,…