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Hodge v. D'Elia
Citations: 100 A.D.2d 588; 473 N.Y.S.2d 532; 1984 N.Y. App. Div. LEXIS 17566
Court: Appellate Division of the Supreme Court of the State of New York; March 18, 1984; New York; State Appellate Court
A proceeding was initiated under CPLR article 78 to review a determination made by the State Commissioner of Social Services on January 26, 1982, which upheld a local agency's decision to reduce the petitioner's public assistance grant. This reduction was intended to recoup amounts received by the petitioner as income tax refunds and workers’ compensation benefits. The court granted the petition to annul the determination on legal grounds, without costs, and remanded the matter for further proceedings that align with the court's findings. The court acknowledged that the petitioner had willfully withheld information regarding her income tax refunds and workers’ compensation benefits. However, it emphasized that the respondents were obligated to assess the specific facts and circumstances of the case to ensure that the recoupment rate would not inflict undue hardship on the petitioner and her family, referencing a prior case (Matter of Brennin v Kirby). The record did not show that such an evaluation had been conducted, prompting the requirement for this evaluation upon remittance. The court dismissed the petitioner’s additional arguments as lacking merit, with Justices Titone, Mangano, Thompson, and Eiber concurring.