Citation Numbers: 32 A.D.2d 944
Filed Date: 7/7/1969
Status: Precedential
Modified Date: 1/12/2022
Proceeding pursuant to article 78 of the CPLR (1) to review a determination of respondent New York State Department of Social Services, made on June 27, 1968 after a “fair hearing” held pursuant to section 353 of the Social Services Law, which determination affirmed the suspension by respondent New York City Department of Social Services of a grant of Aid to Dependent Children to petitioner and (2) for a judgment granting related or alternative relief. Determination annulled, on the law, without costs, and matter remitted to respondent New York State Department of Social Services for the making of findings as indicated herewith and for further proceedings not inconsistent herewith. Petitioner, the mother of an infant child, was the recipient of public assistance which was suspended on or about February 16, 1968, when the respondent city agency was informed of the possibility that petitioner was the beneficial owner of approximately $14,000 worth of Dreyfus Fund shares and approximately $3,000 worth of insurance company shares of stock. Pursuant to petitioner’s request, a “fair hearing” was held before the respondent State agency on March 28, 1968 at which evidence pertaining to the resources in question was taken. On April 9, 1968, after the hearing, but before the decision thereon, the city agency terminated petitioner’s assistance and closed the case. On June 27, 1968 the Commissioner of the State agency decided that sufficient evidence had been introduced at the hearing to justify the conclusion that petitioner’s eligibility was “open to question” and accordingly affirmed the suspension “pending completion of its [the city agency’s] investigation” pursuant to 18 NYCRR 351.22 (i[c] [3] [i] [b]). Respondents vigorously urge upon this court that the city agency’s action in terminating petitioner’s assistance renders the instant proceeding moot. We cannot agree. The regulations of the SMe