MATTER OF COLON v. LAVINE


48 A.D.2d 656 (1975)

In the Matter of Carmen Colon, on Behalf of Herself and Others, Petitioner, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1975


Application granted; determination of both respondents annulled, on the law, without costs; and the benefits in question are directed to be reinstated retroactively to the extent they have been withheld.

The social services agencies could not properly deprive an otherwise eligible family unit of public assistance because of petitioner's failure to notify the local agency that her husband had forcibly moved into the household in July, 1974 and that she, one of her...

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