Shelton v. Wing

—Determi*1144nation unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner appeals from a determination following a fair hearing reducing his public assistance grant in order to recoup an overpayment made to him based on the failure of the Monroe County Department of Social Services (DSS) to include his wages when calculating the amount of his public assistance. On appeal, petitioner contends that DSS should be estopped from recouping the overpayment. Petitioner failed to raise that contention at his administrative hearing, however, and the scope of this CPLR article 78…