Holmes v. Wyman

By this proceeding pursuant to article 78 petitioner seeks a review of two determinations of the respondent Commissioner of the New York State Department of Social Services. Petitioner, a recipient of welfare payments, was by virtue of the first decision denied relief for herself and her four minor children. The second decision denied a subsequent application for assistance.

Both decisions followed “fair hearings”. The grounds of both decisions were the same, namely, that there was a man in the household who assumed the role of spouse (18 NYCRR 352.31 [a] [3]). Petitioner admitted that one…