Burroughs v. Nassau County Department of Social Services

In this proceeding pursuant to article 78 of the CPLR, judgment is granted in favor of petitioner directing respondent to make restricted payments for petitioner’s utility payments pending a hearing to be held by respondent.

There is no doubt that respondent has the authority to make restricted payments of utilities on behalf of a recipient of public assistance where ‘ ‘ the inability of an applicant or recipient to handle cash has been demonstrated” (18 NYCRR 381.3 [a] ; see, also, 381.4[a]; Summers v. Wyman, 64 Misc 2d 67, affd. 36 A D 2d 795). Of course, whether the recipient is unable to…