Ford v. Dumpson
Opinion of the Court
Determination of respondent Commissioner of New York State Department of Social Services, dated January 11, 1974, which discontinued petitioner’s grant of public assistance, unanimously annulled, on the law, without costs and without disbursements, -and the proceeding remanded to respondent for a new hearing. In August of 1973, petitioner received notice that her grants of assistance were to be discontinued because it was determined that a man was living with her and contributing to the support of the household. A “Fair Hearing” was conducted on December 18, 1973 at which time a representative of respondent agency appeared and presented an assortment of documents in support of discontinuance of petitioner’s grant. These documents referred, inter ala, to conversations with third persons who claimed that petitioner was living with this man. Both petitioner and the man testified that he was not residing in petitioner’s apartment. No one appeared on behalf of the agency to offer testimony or to be cross-examined. There was no opportunity afforded petitioner to test and controvert the adverse evidence. While concededly an administrative hearing of this sort need not be conducted in strict adherence to technical rules of evidence (Matter of Erdman v. Ingraham, 28 A D 2d 5), nonetheless the evidence adduced at this hearing did not begin to approach the minimum standards of fairness (Matter of Eel Valle v. Sugarman, 44 A D 2d 523). The record reveals that the alleged admissions of petitioner and the individual allegedly living with her so heavily relied upon by respondent in reaching his determination, were in fact denials of the material allegations urged against them. We nonetheless are directing that a new hearing be held since it appears that there is evidence which, if presented in proper probative form, might support the determination of the respondent (Matter of Martinez v.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.