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Matter of White v. D'Elia

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1981
80 A.D.2d 874 (N.Y. App. Div. 1981)

Opinion

March 16, 1981


Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of Social Services, dated August 14, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to reduce petitioner's grant of public assistance by 10% each month for the purpose of recouping an overpayment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Petitioner's contention that the action by the local agency was illegal because the agency failed to provide proper notice to her of its intention to reduce her grant of public assistance is without merit. Petitioner did, in fact, request a hearing within 60 days of the agency's determination, and did appear at said hearing with her representative (at which time she was duly apprised of the reasons for the agency's recoupment). There has been no showing of prejudice. Titone, J.P., Gibbons, O'Connor and Thompson, JJ., concur.


Summaries of

Matter of White v. D'Elia

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1981
80 A.D.2d 874 (N.Y. App. Div. 1981)
Case details for

Matter of White v. D'Elia

Case Details

Full title:In the Matter of RITA WHITE, Petitioner, v. JOSEPH D'ELIA, as Commissioner…

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

Date published: Mar 16, 1981

Citations

80 A.D.2d 874 (N.Y. App. Div. 1981)

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