From Casetext: Smarter Legal Research

Matter of Oliver v. Lavine

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1976
53 A.D.2d 616 (N.Y. App. Div. 1976)

Opinion

June 1, 1976


Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated October 16, 1974 and made after a statutory fair hearing, which reversed a determination of the respondent Commissioner of the New York City Department of Social Services to reduce petitioner's public assistance grant in order to recoup certain overpayments. Proceeding dismissed, without costs or disbursements, on the ground that the determination sought to be reviewed is not final (see CPLR 7801, subd 1). Insofar as petitioner seeks review of the $15 deduction from her assistance grant by the city commissioner, it appears that the said deduction was not effectuated by the determination under review and has not as yet been affirmed on the merits by the State commissioner. Hopkins, Acting P.J., Margett, Damiani, Rabin and Hawkins, JJ., concur.


Summaries of

Matter of Oliver v. Lavine

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1976
53 A.D.2d 616 (N.Y. App. Div. 1976)
Case details for

Matter of Oliver v. Lavine

Case Details

Full title:In the Matter of LOTTIE OLIVER, Petitioner, v. ABE LAVINE, as Commissioner…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1976

Citations

53 A.D.2d 616 (N.Y. App. Div. 1976)

Citing Cases

Justice v. State of New York Commission on Judicial Conduct

"1. which is not final or can be adequately reviewed by appeal to a court or to some other body or officer".…

Century Operating v. Marrero

In view of the respondent's notice of proposed order the second branch of the petition is rendered academic…