Opinion
December 9, 1977
Appeal from the Erie Supreme Court.
Present — Moule, J.P., Cardamone, Simons and Hancock, Jr., JJ.
Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Advances paid to petitioners to pay their regular utility bills which were long past due are not nonrecoverable emergency payments under section 350-j Soc. Serv. of the Social Services Law and may properly be recouped under 18 NYCRR 352.7 (g) (5) (Baumes v Lavine, 38 N.Y.2d 296). Since this record is absent of proof of a "`sudden and unexplained emergency event'" (Matter of Adkin v Berger, 41 N.Y.2d 1030, affg on opn at
50 A.D.2d 459, 461), the judgment at Special Term must be reversed and the decision made after the fair hearing reinstated (see, also, Matter of Coleman v Berger, 60 A.D.2d 758).