Barie v. Lavine

This is an appeal by the Commissioner of New York State Department of Social Services from a judgment of the Supreme Court at Special Term, entered June 27, 1974 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted petitioners’ petition; annulled appellant’s decision after fair hearing, dated September 14, 1973; declared that the regulation of the appellant providing for a 30-day suspension of benefits for violation of subdivision 4 of section 131 of the Social Services Law is illegal and contrary to law; and ordered that suspension of benefits be limited to the…