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Matter of Shelton v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1143 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from the order of Supreme Court, Monroe County, Ark, J.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner appeals from a determination following a fair hearing reducing his public assistance grant in order to recoup an overpayment made to him based on the failure of the Monroe County Department of Social Services (DSS) to include his wages when calculating the amount of his public assistance. On appeal, petitioner contends that DSS should be estopped from recouping the overpayment. Petitioner failed to raise that contention at his administrative hearing, however, and the scope of this CPLR article 78 proceeding following a fair hearing "`is limited to review of the issues raised and addressed in that hearing'" ( Matter of Vicari v. Wing, 244 A.D.2d 974, 976, quoting Matter of International Fid. Ins. Co. v. Hartnett, 199 A.D.2d 1084; see, Matter of Mugalli v. New York State Liq. Auth., 256 A.D.2d 1116 [decided herewith]). In any event, estoppel generally "cannot be invoked against a governmental agency to prevent it from discharging its statutory duties" ( Matter of New York State Med. Transporters Assn. v. Perales, 77 N.Y.2d 126, 130), and this is not one of those "rarest [of] cases" in which estoppel would be appropriate ( Matter of Parkview Assocs. v. City of New York, 71 N.Y.2d 274, 282; see, Ippolito v. City of Buffalo, 195 A.D.2d 983, 984; Matter of Casella v. Crosson, 178 A.D.2d 963, 963-964).

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.


Summaries of

Matter of Shelton v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1143 (N.Y. App. Div. 1998)
Case details for

Matter of Shelton v. Wing

Case Details

Full title:In the Matter of VINCENT SHELTON, Petitioner, v. BRIAN J. WING, as…

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

Date published: Dec 31, 1998

Citations

256 A.D.2d 1143 (N.Y. App. Div. 1998)
684 N.Y.S.2d 726

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