Opinion
March 30, 1987
Adjudged that the determination is confirmed, and the petition is dismissed on the merits, without costs or disbursements.
The respondents' policy of recoupment of interim Home Relief benefits is not contrary to law (see, Matter of Goodwin v Perales, 120 A.D.2d 527). The State Commissioner's findings that the petitioner executed an interim assistance authorization and that this authorization was valid at the time of the Secretary of Health and Human Services' grant of retroactive Supplemental Security Income benefits was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181). Finally, the State Commissioner did not act arbitrarily or capriciously, or deprive the petitioner of due process, by reopening the matter for a hearing de novo upon the County Commissioner's offer of evidence which had not previously been submitted (see, Matter of Blanco v. Blum, 67 A.D.2d 947, 948; see also, Matter of Venes v. Community School Bd., 43 N.Y.2d 520). Brown, J.P., Niehoff, Eiber and Sullivan, JJ., concur.