Legal Opinion
Rosenfeld v. Blum
Appellate Division of the Supreme Court of the State of New York
Decided August 24, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
LAZER, J. P.
This CPLR article 78 proceeding challenges the method utilized by the State Commissioner of Social Services to deduct Federal benefits from petitioner’s public assistance grant of home relief. We find that the method used violates the economic assumptions implicit in the Social Services Law under which social services authorities are permitted to impute the receipt of additional income to public assistance recipients under certain circumstances. Specifically, we hold that the automatic deduction of certain “in-kind” income, as defined by the Social Security…
2Cases cited12 opinions
- MATTER OF LEE v. SmithNew York Court of Appeals · 1977
- Wilczynski v. HarderDistrict Court, D. Connecticut · 1971
- Dumbleton v. ReedNew York Court of Appeals · 1976
- Ryan v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1972
- Padilla v. WymanNew York Court of Appeals · 1974
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3Cited by5 opinions
- Glasgold v. Secretary of Health and Human ServicesDistrict Court, E.D. New York · 1982
- Summers v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1983
- Matter of Escalera v. RobertsAppellate Division of the Supreme Court of the State of New York · 2021
- Garvey v. KirbyAppellate Division of the Supreme Court of the State of New York · 1983
- Steward v. KrauskopfAppellate Division of the Supreme Court of the State of New York · 1983