Moore v. Kirby
Opinion of the Court
— Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent State Commissioner of Social Services, dated August 28, 1979, as, after a statutory fair hearing, affirmed a determination of the local agency to recoup a fuel allowance given to petitioner. Determination confirmed insofar as reviewed, and proceeding dismissed on the merits, without costs or disbursements. Petitioner, a minor living with her parents, was the recipient of a grant of public assistance in the category of aid to dependent children for the benefit of her three children. In April, 1979, after moving into a new residence, the petitioner received an advance allowance to purchase fuel oil. Subsequently, the local agency notified her that her public assistance grant would be reduced by 10% each month to recover the advance payment. Petitioner contends that she was entitled to a nonrecoverable emergency assistance payment pursuant to section 350-j of the Social Services Law, rather than the recoverable advance allowance (see 18 NYCRR 352.7 [g] [5]) that she claims she was compelled to apply for by the agency. Section 350-j of the Social Services Law was enacted to apply to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.