Citation Numbers: 42 A.D.2d 742
Filed Date: 7/16/1973
Status: Precedential
Modified Date: 1/12/2022
Proceeding pursuant to article 78 of the CPLR to review a determination of the State Department of Social Services, dated September 26, 1972, which, after a hearing, affirmed a determination of the Rockland County Department of Social Services terminating petitioner’s public assistance grant until such time as she would sell a certain 1972 automobile and utilize the proceeds realized on the sale. Determination confirmed, without costs. No opinion. Hopkins, Acting P. J., Munder, Gulotta and Brennan, JJ., concur; Martuscello, J., dissents and votes to annul the determination and remand the matter to the State Department of Social Services for a new hearing and a new determination, with the following memorandum: In my opinion, the determination to discontinue petitioner’s public assistance grant of Aid to Families with Dependent Children (AFDC) until such time as she would sell a certain 1972 automobile and utilize the proceeds realized upon the sale is not supported by substantial evidence in the record. The determination rested on the conclusion that petitioner, who has two minor children and is employed on the night shift of the