Preston v. Barbaro

On the facts alleged, this article 78 proceeding involves the same questions decided by Mr. Justice Harnett in Matter of Ross v. Barbaro (61 Misc 2d 147): (1) is a recipient of aid to dependent children entitled to an emergency grant to replace that part of the proceeds of her regular assistance check stolen from her; (2) must she exhaust administrative remedies by asking for a fair hearing before bringing a proceeding such as this? The court agrees with the answers to those questions stated in Matter of Boss v. Barbaro; but since the theft was conceded in that proceeding and is denied in…