Richards v. Lavine

These are appeals from a judgment of the Supreme Court at Special Term, entered November 25, 1974 in Broome County, which, in a proceeding pursuant to CPLR article 78, overturned a determination of the Commissioner of the State Department of Social Services insofar as it ruled that portions of petitioners’ income tax refunds for the year 1972 were resources which must be applied directly to reduce pro tanto the amounts of their assistance grants otherwise due.

As heads of households, petitioners receive public assistance through the Department of Social Services under the Aid to Families with…