Kreslein v. Perales

OPINION OF THE COURT

Anthony A. Scarpino, Jr., J.

This is a CPLR article 78 proceeding wherein petitioner challenges respondent’s practice of recouping all home relief grants provided as interim assistance from the initial retroactive payment of Federal Supplemental Security Income (SSI) benefits, subsequently provided to eligible persons.

The general right of State and local authorities to recoup interim assistance provided to SSI eligible persons upon the retroactive payment of such Federal benefits cannot be disputed (see, Social Services Law § 158 [a]; 18 NYCRR 370.7 [c] [3]; Matter of…