Zembenski v. Blum

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State commissioner, dated November 23, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to terminate petitioner’s public assistance. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to reinstate petitioner’s grant retroactive to the date of termination. When the question is, as here, whether assistance should be discontinued the burden is on the local agency. There was a failure to prove by…