Legal Opinion

Santiago v. D'Elia

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

Decided January 26, 1981Published

1Opinion of the Court

Proceeding pursuant to CPBR article 78 to review a determination of the respondent State Commissioner of Social Services, dated May 30, 1980, which, after a statutory fair hearing, affirmed the determination of the local agency to reduce petitioner’s public assistance grant at the rate of $55.10 per month to recoup unreported income of $1,383. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to return to petitioner all moneys withheld from her grant pursuant to the recoupment. The State commissioner’s regulations provide that…

2Cases cited2 opinions

  1. Rivera v. DumpsonAppellate Division of the Supreme Court of the State of New York · 1976
  2. Cabrera v. ToiaAppellate Division of the Supreme Court of the State of New York · 1977

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