Sinkler v. Russo

Hancock, Jr., and Schnepp, JJ. (dissenting).

We would affirm Special Term’s judgment granting the petition and reversing respondent commissioner’s decision after a fair hearing which upheld the agency’s determination to recoup two months’ rental allowance from petitioner’s public assistance grant. The uncontradicted testimony of petitioner, a recipient of aid to families with dependent children including a $144 per month shelter allowance, was that in June or July, 1978 she informed her caseworker that due to poor conditions in her apartment she intended to withhold rent if the landlord did…