Allen v. Lavine

This is a proceeding pursuant to CPLR article 78 in which petitioner seeks to annul a determination of respondent after a fair hearing that funds are not be issued to fully replace the cash sum stolen from her representing the proceeds of a September, 1974 public assistance grant. Respondent county moves to dismiss the petition.

Briefly stated the facts are as follows. On September 5, 1974 the petitioner reported to the Yonkers Police that, after cashing her public assistance check, her wallet containing $400 in cash was stolen. The following day she reported the theft to respondent Nyden’s…