Legal Opinion
Avery v. Berger
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1977PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: Petitioner is a recipient of public assistance and brings this proceeding to annul a determination of respondent by which 10% was deducted from her allowance to recoup the amount of a Federal tax refund which she received and spent for her own purposes. Respondents base their authority to recoup upon the provisions of 18 NYCRR 348.4 which permit recoupment in cases of "suspected fraud” in which the recipient willfully withheld information about her income or resources. There was substantial evidence of the following facts. In March,…
2Cases cited4 opinions
- Wilson v. LavineAppellate Division of the Supreme Court of the State of New York · 1975
- McCallion v. DumpsonAppellate Division of the Supreme Court of the State of New York · 1976
- Richards v. LavineAppellate Division of the Supreme Court of the State of New York · 1975
- Thomas v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by5 opinions
- Anderson v. ToiaAppellate Division of the Supreme Court of the State of New York · 1977
- Hetrick v. ReedAppellate Division of the Supreme Court of the State of New York · 1977
- Black v. ToiaAppellate Division of the Supreme Court of the State of New York · 1980
- McLellan v. BergerAppellate Division of the Supreme Court of the State of New York · 1977
- Sinkler v. RussoAppellate Division of the Supreme Court of the State of New York · 1980