92 A.D.2d 699 | N.Y. App. Div. | 1983
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Saratoga County) to review a determination of respondent commissioner of the New York State Department of Social Services which, inter alla, sustained a determination of respondent Saratoga County Commissioner of Social Services denying petitioner’s reapplication for public assistance. Petitioner was a recipient of Aid to Dependent Children benefits on behalf of himself and his minor son when, on August 19, 1980, the Saratoga County Department of Social Services (hereinafter local agency) discontinued petitioner’s portion of the grant because he did not report to the New York State Employment Service on that date for check pick up and referral to employment and did not provide a valid reason for his failure to report. At petitioner’s request a hearing was conducted on September 18, 1980 relative to this matter, after which, by decision of November 18, 1980, the Commissioner of the New York State Department of Social Services (hereinafter commissioner) affirmed the local agency’s determination and disqualified petitioner from receiving benefits for 30 days and until he was willing to comply with the requirements relating to employable persons, effective December 1, 1980. Subsequently, on December 8, 1980, the local agency notified petitioner that it intended to reduce his son’s grant by 10% in order to recoup assistance provided to petitioner during September, October and November of 1980 while the fair hearing decision was pending, and on February 5, 1981, the local agency denied petitioner’s reapplication, made on January 7, 1981, for public assistance for himself under his son’s grant. Challenging as improper the local agency’s decisions to recoup assistance given petitioner by reducing his son’s grant and to deny petitioner’s reapplication for assistance, petitioner again