Galluzzo v. Blum
Opinion of the Court
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State commissioner dated November 27, 1981 and made after a statutory fail-hearing, which, inter alia, disallowed petitioner’s deductions for earned income and depreciation in the computation of her food stamp allowance, the State commissioner appeals from a judgment of the Supreme Court, Queens County (Graci, J.), dated August 26, 1982, which granted the petition to the extent that the local agency was directed to recompute petitioner’s food stamp allowance by deducting from her rental income the earned income exemption, and the amount of $26.39 per month for depreciation on that part of petitioner’s home which is rented. Judgment modified, on the law, by deleting the provision directing the local agency to deduct from petitioner’s rental income $26.39 per month for depreciation when computing her food stamp allowance. As so modified, judgment affirmed, without costs or disbursements. Federal regulations governing the authorization of food stamps required, in 7 CFR former 273.11 [a] [4] [ii], that: “The Federal or State income tax form for the most recent tax year shall be used for calculating depreciation on an annual basis. No depreciation shall be allowed on a capital asset unless it is documented by the appropriate State or Federal income tax form. Households
Case-law data current through December 31, 2025. Source: CourtListener bulk data.