Summary
In Matter of Jackson v. Wyman (36 A.D.2d 743), for example, the Appellate Division of this Department annulled the determination made after a fair hearing and remanded the matter for further proceedings with the requirement that the local Department of Social Services comply with the then departmental regulation that, in advance of the fair hearing, a written summary of the case be prepared and submitted to the party requesting the hearing.
Summary of this case from Mas v. LavineOpinion
March 15, 1971
In a proceeding pursuant to article 78 of the CPLR to review respondent's determination dated May 26, 1969, affirming the denial by the Department of Social Services of Westchester County of petitioner's request for payment for certain items of furniture. Petition granted to the extent that respondent's determination is annulled, on the law, without costs, and matter remanded to the Department of Social Services of Westchester County, pursuant to this court's inherent power, for further proceedings not inconsistent with the views herein set forth. The Department of Social Services of Westchester County failed to comply with respondent's mandatory departmental regulations relating to fair hearings (18 NYCRR 358.5). These regulations require the local department to prepare a written summary of the case, including a statement of the facts and the basis of the decision which prompted the fair hearing request. Such summary is required to be given to the party requesting the fair hearing, in advance of the hearing. These procedures were not complied with in this case and we remand the matter so as to afford the Department of Social Services of Westchester County an opportunity to so comply. Munder, Acting P.J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.