Borek v. Toia

Determination unanimously confirmed, without costs. Memorandum: Petitioner’s application for public assistance in the form of home relief was denied on the ground that he had not exhausted all possible resources, since he possessed certain musical instruments valued at $1,000 which had not been used as a source of income to defer his need for public assistance. This decision was subsequently affirmed in a determination after fair hearing which petitioner now seeks to review pursuant to CPLR article 78. It is well settled that where a hearing is required, the standard for judicial review is…