Best v. New York State Dept. of Social Serv

Full title: TIMOTHY D. BEST, Appellant, v. NEW YORK STATE DEPARTMENT OF SOCIAL…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 6, 1996

228 A.D.2d 193 (N.Y. App. Div. 1996)

643 N.Y.S.2d 339

Opinion

June 6, 1996

Appeal from the Supreme Court, New York County [Louis York, J.].

Substantial evidence in the record supports respondent's determination upholding denial of petitioner's application for emergency rent assistance on the ground that he was ineligible therefor ( see, Baumes v. Lavine, 38 N.Y.2d 296). Petitioner failed to show, inter alia, that the emergency grant was necessary to forestall eviction or that there was a threat to his health and safety ( 18 NYCRR 352.7 [g] [3] [i], [ii]; see, Matter of Hawkins v. Commissioner of N.Y. State Dept. of Social Servs., 161 A.D.2d 377). It is also clear that petitioner was ineligible for this grant because his gross income exceeds 125 percent of the current Federal income poverty line ( 18 NYCRR 370.3 [b] [2]).

Concur — Milonas, J.P., Rosenberger, Ross and Tom, JJ.