82 A.D.2d 927 | N.Y. App. Div. | 1981
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination by the State Department of Social Services which reduced petitioner’s grant of aid to dependent children to recover an overpayment. Petitioner and her children receive public assistance benefits in the form of Aid to Families with Dependent Children (AFDC). She instituted this proceeding to annul a determination of the Commissioner of the New York State Department of Social Services which affirmed the local agency’s determination to recoup alleged overpayments of benefits, including $282.25 representing one half the amount of a Federal income tax refund check which she had signed over to her husband. Previously, petitioner’s husband, who had abandoned her and the children, signed over to petitioner their State refund check to enable her to make current past due payments on her mobile home. After a fair hearing, the State commissioner upheld the local agency’s determination that petitioner had willfully withheld information regarding her financial