Patrick v. New York City Department of S.S

Full title: ANGELA PATRICK, Appellant, v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Jan 26, 1999

257 A.D.2d 512 (N.Y. App. Div. 1999)

684 N.Y.S.2d 530

Opinion

January 26, 1999.

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

Although respondent New York City Department of Social Services improperly reduced petitioner's benefits in violation of 18 NYCRR 358-3.6 (a) (1) (i); 358-6.4 (a); and 358-4.2, she is not entitled to retroactive benefits since she was not a recipient of public assistance benefits at the time of the fair hearing (Social Services Law § 106-b).

Concur — Sullivan, J.P., Nardelli, Williams and Andrias, JJ.