From Casetext: Smarter Legal Research

Matter of Soto v. Berger

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1976
53 A.D.2d 529 (N.Y. App. Div. 1976)

Opinion

June 8, 1976


Respondent's determination dated September 22, 1975 affirming, after a fair hearing, the determination of the New York City Department of Social Services to discontinue the petitioner's grant of public assistance, unanimously annulled, on the law, without costs and without disbursements, and the matter remanded for a new hearing. The only evidence to support the determination that the petitioner's husband had been living with her and making his income available to her was a copy of an investigation report filled with hearsay. As we have held before, "evidence of the type found here does not even approach minimum standards of fairness" (Matter of Del Valle v Sugarman, 44 A.D.2d 523, 524; Matter of Bernard v Lavine, 48 A.D.2d 616). No weight is added to the evidence by any inference or presumption arising from the petitioner's not having testified. She was neither asked nor did she refuse to testify. (Cf. Matter of Bernard v Lavine, supra.)

Concur — Murphy, J.P., Birns, Capozzoli, Nunez and Lynch, JJ.


Summaries of

Matter of Soto v. Berger

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1976
53 A.D.2d 529 (N.Y. App. Div. 1976)
Case details for

Matter of Soto v. Berger

Case Details

Full title:In the Matter of SELENIA SOTO, Petitioner, v. STEPHEN BERGER, as…

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

Date published: Jun 8, 1976

Citations

53 A.D.2d 529 (N.Y. App. Div. 1976)

Citing Cases

Matter of Williams v. Blum

When questioned, the agency representative at the hearing admitted that "At the time this memo was prepared…