Lajara v. Berger

OPINION OF THE COURT

Memorandum.

In each case the determination of the Appellate Division should be modified, with costs to appellant, and the case remitted to Supreme Court, with directions to remand to the commissioner for a determination as to whether recoupment at the 10% rate will cause undue hardship.

The fair hearings on the welfare recipients’ claims were held in these cases and the commissioner’s determinations were made prior to the announcement of our decision in Matter of Reyes v Dumpson (40 NY2d 725). On the basis of that decision the Appellate Division has limited recoupment of the…