Gabel v. Toia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J.
We are called upon to decide whether proration of a home relief grant plainly authorized by the Department of Social Services Regulations (18 NYCRR 352.30 [d]) is in conflict with the intent of sections 131 and 131-a of the Social Services Law. We believe that there is a conflict and that the challenged regulation may not stand.
This appeal is from a judgment granted at Special Term in an article 78 proceeding which reversed and annulled the order of respondent, Philip Toia, State Commissioner of Social Services, which had affirmed the determination of James…
2Cases cited12 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Jones v. BermanNew York Court of Appeals · 1975
- Bernstein v. ToiaNew York Court of Appeals · 1977
- Harbolic v. BergerNew York Court of Appeals · 1977
- Barie v. LavineNew York Court of Appeals · 1976
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3Cited by3 opinions
- Leone v. BlumAppellate Division of the Supreme Court of the State of New York · 1980
- City of New York v. New York State Department of Environmental ConservationNew York Supreme Court · 1981
- De Jonge v. BlumAppellate Division of the Supreme Court of the State of New York · 1981