Legal Opinion

Couch v. Perales

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

Decided October 15, 1990Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services dated April 25, 1988, which, after a fair hearing, denied the petitioner’s request for a reduced rate of recoupment of her public assistance grant.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

In view of our recent decision in Brennin v Perales (163 AD2d 560) which overruled Matter of Porter v D’Elia (135 AD2d 717), we reject the petitioner’s contention that the…

2Cases cited2 opinions

  1. Porter v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1987
  2. Brennin v. PeralesAppellate Division of the Supreme Court of the State of New York · 1990

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