From Casetext: Smarter Legal Research

Matter of Zabala v. Lavine

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1975
48 A.D.2d 880 (N.Y. App. Div. 1975)

Opinion

June 16, 1975


In a proceeding pursuant to CPLR article 78 to annul a determination of the respondent State Commissioner, dated April 16, 1974 and made after a statutory fair hearing, which affirmed a determination of the respondent New York City Commissioner terminating public assistance benefits to petitioner and her children, petitioner appeals from an order of the Supreme Court, Kings County, entered January 20, 1975, which dismissed the petition. Order reversed, on the law, without costs, and both determinations annulled under constraint of Matter of Payne v Sugarman ( 39 A.D.2d 720, affd 31 N.Y.2d 845), and the benefits in question are directed to be reinstated for the three-month period between their termination and petitioner's requalification. The benefits were terminated on the ground that petitioner was the registered owner of an automobile and had declined to utilize its value toward support of herself and her children. She thereafter requalified for the benefits after transferring the registration to her "common law husband". There is no indication in this record of a finding of lack of need, and therefore petitioner's minor children may not be deprived of the assistance they are entitled to receive (Matter of Ryan v New York State Dept. of Social Serv., 40 A.D.2d 867). Benjamin, Acting P.J., Rabin, Hopkins, Latham and Munder, JJ., concur.


Summaries of

Matter of Zabala v. Lavine

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1975
48 A.D.2d 880 (N.Y. App. Div. 1975)
Case details for

Matter of Zabala v. Lavine

Case Details

Full title:In the Matter of NAOMI ZABALA, Appellant, v. ABE LAVINE, as Commissioner…

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

Date published: Jun 16, 1975

Citations

48 A.D.2d 880 (N.Y. App. Div. 1975)

Citing Cases

Matter of Wilson v. Berger

No fact questions were presented on this appeal. The grant in question was terminated on the ground that…

Matter of Rogers v. Shang

In view of our present determination, however, the issue has taken on added significance, as the availability…