Hill v. Perales

OPINION OF THE COURT

Kassal, J.

In this proceeding pursuant to CPLR article 78, respondent Commissioner of the New York State Department of Social Services1 appeals from the grant of the petition and the award to petitioner of five months’ retroactive supplemental food benefits totaling $85 (144 Misc 2d 822). For the reasons that follow, we conclude that these benefits are legislatively mandated, and that respondent’s denial thereof was arbitrary and capricious.

Petitioner, Steven Hill, is a longshoreman who lived and worked in Staten Island until his employer of 13 years went bankrupt in…