McManus v. D'Elia

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated August 28, 1979 and made after a statutory fair hearing, which denied petitioners’ application for a special grant to pay mortgage arrears in order to forestall foreclosure. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remitted to the State commissioner for a de novo fair hearing. The decision after the fair hearing was partly based on the conclusion that the monthly carrying…