Foreman v. Brezenoff

Weinstein, J.,

dissents and votes to grant the petition to the extent of remitting the matter to the State commissioner for a new hearing, with the *1028following memorandum: In my view, a remand for a new hearing is necessary due to the numerous lacunae which exist in the transcript of the fair hearing, and which make any meaningful appellate review of that hearing impossible (see Matter of Robinson v Blum, 73 AD2d 691). In any event, from what the record does reveal, it appears that respondents have not met the burden of proof required to warrant suspending grants of public assistance. The local…