Pao Ching Chan v. Blum

Bloom, J. (dissenting in part).

We are all in agreement that the determination of the commissioner of social services rendered after a fair hering must be set aside. The sole issue which separates us is whether the question of limited recoupment of $536.80 should be remanded for a further hearing. I am of the opinion that such further hearing is required. 18 NYCRR 348.4 and 352.31 set forth the right to recoupment and the circumstances under which it may be sought. Under 18 NYCRR 352.31 (d) (2), recoupment is warranted where overpayments are the result of a "recipient’s willful withholding of…