Couball v. Staszak
Opinion of the Court
— Appeal from that portion of a judgment of the Supreme Court at Special Term, entered July 11, 1978 in Schenectady County, which annulled a determination by the Commissioner of the New York State Department of Social Services and remanded the matter for a new determination. After a fair hearing, the Commissioner of the Department of Social Services affirmed a determination of the local agency to discontinue petitioner Laurine’s ADC grant because she refused to execute a bond and mortgage on her real property in favor of the agency in accordance with sections 106 and 360 of the Social Services Law. In his decision, the commissioner stated that "The credible evidence in the record establishes that she is still the record owner of the property and legally competent to comply with the agency’s requirements.” The order should be affirmed. Where, as here, the commissioner of a State agency renders his decision without the benefit of verbatim transcript of the testimony before the hearing officer, his reliance upon the hearing officer’s view of the evidence is improper (Matter of Anderson v Toia, 59 AD2d 1024; Matter of Mclver v Berger, 55 AD2d 606; Matter of Halley v Lavine, 47 AD2d 945; Matter of Cruz v Lavine, 45 AD2d 720). Furthermore, even if the commissioner could properly rely upon the hearing officer’s official report pursuant
Case-law data current through December 31, 2025. Source: CourtListener bulk data.