Legal Opinion

Johnson v. Bernstein

Appellate Division of the Supreme Court of the State of New York

Decided September 28, 1979Published

1Opinion of the Court

—Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State commissioner, dated June 21, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency to recoup past public assistance overpayments to petitioner from succeeding grants. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to return any funds withheld from petitioner’s grants as recoupment. The recoupments were occasioned by the actions of petitioner’s former husband who, during the time of…

2Cases cited3 opinions

  1. Franqui v. ToiaAppellate Division of the Supreme Court of the State of New York · 1978
  2. Lee v. SmithAppellate Division of the Supreme Court of the State of New York · 1978
  3. Van Buren v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1977

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