Legal Opinion

Finnegan v. Kirby

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1981Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated October 24,1979 and made after a statutory fair hearing, which affirmed a determination of the local agency insofar as it sought to recoup overpayments from petitioner’s current assistance grant, but reduced the amount to be recouped. Determination annulled, on the law, without costs or disbursements, petition granted, and respondents are directed to return to the petitioner the sums, if any, which have been withheld from her grant. The record does not support the…

2Cases cited4 opinions

  1. McCallion v. DumpsonAppellate Division of the Supreme Court of the State of New York · 1976
  2. Goloty v. SmithAppellate Division of the Supreme Court of the State of New York · 1979
  3. Nelson v. DumpsonAppellate Division of the Supreme Court of the State of New York · 1976
  4. Sanzoverino v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1979

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