Opinion
February 11, 1991
Appeal from the Supreme Court, Queens County (LeVine, J.).
Ordered that the judgment is reversed insofar as appealed from, without costs or disbursements, and the respondent is directed to restore the petitioner's full grant of public assistance retroactive to the date of its reduction.
It is beyond cavil that the respondent New York City Department of Social Services, as an agent of the New York State Department of Social Services, is bound by the fair hearing decision issued in this case, and must comply with its directives (see, 18 NYCRR 358-4.4; Matter of Beaudoin v Toia, 45 N.Y.2d 343; Matter of Pellegrini v Reidy, 150 A.D.2d 866; Matter of Patterson v Blum, 86 A.D.2d 893). Since the fair hearing decision at bar clearly contemplated the continuation of full public assistance benefits to the petitioner and her child, we agree with the petitioner's contention that the Supreme Court should have directed the respondent agency to reimburse her for all underpayments caused by the reduction in her benefits pursuant to a notice effective November 9, 1986 (see generally, 18 NYCRR 352.31 [f]). Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.