Jennings v. Lavine

This is a special proceeding, pursuant to CPLR article 78 to annul a determination after a fair hearing discontinuing a grant of assistance to petitioner’s children in the aid to dependent children category. Petitioner has four minor children, one, her youngest child Renee, by her present husband Thomas Cole, and three by a previous marriage. Petitioner seeks restoration of assistance only as to her three eldest children.

Based upon the evidence adduced at the fair hearing, respondent Lavine found as fact that petitioner had remarried, that she had been receiving some support from her husband…