Legal Opinion

Bello v. New York State Office of Temporary & Disability Assistance

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

Decided December 30, 2011PublishedCited by 4 opinions

1Opinion of the Court

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination following a fair hearing that required her to repay the emergency assistance funds paid to her electric and gas services providers. “[T]he role of a court reviewing an administrative determination is limited to ensuring that the determination arrived at following an adversarial hearing is supported by substantial evidence” (Matter of Jason B. v Novello, 12 NY3d 107, 114 [2009]; see CPLR 7803 [4]; Faber v Merrifield, 11 AD3d 1009 [2004]). “Substantial evidence means such relevant proof as a…

2Cases cited5 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. MATTER OF JASON B. v. NovelloNew York Court of Appeals · 2009
  3. Faber v. MerrifieldAppellate Division of the Supreme Court of the State of New York · 2004
  4. Johnson v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
  5. Padulo v. ReedAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by4 opinions

  1. Mallery v. ShahAppellate Division of the Supreme Court of the State of New York · 2012
  2. Selby v. BerlinAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Williams v. GuinnAppellate Division of the Supreme Court of the State of New York · 2026
  4. Selby v. BerlinAppellate Division of the Supreme Court of the State of New York · 2013

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