Miller v. Perales

Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent New York State Commissioner of Social Services, dated April 3, 1990, made after a statutory fair hearing, as found that the State Commissioner was without jurisdiction to review the local agency’s notices of intention to recoup payments of public assistance dated July 17, 1987, March 16, 1989, and July 3, 1989, respectively, due to the petitioner’s alleged concealment of income.

Adjudged that the petition is granted to the extent that the determination of the State Commissioner that he lacked…