Wien v. D'Elia

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent State commissioner dated August 10, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner’s public assistance grant in order to recoup overpayments caused by her willful failure to report other income received by her son. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements and the matter is remitted to the respondent State commissioner for a new hearing not inconsistent herewith. The…