MATTER OF BREWSTER v. DUMPSON


54 A.D.2d 563 (1976)

In the Matter of Miles Brewster, Appellant, v. James R. Dumpson, as Commissioner of The New York City Department of Social Services, et al., Respondents

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

September 20, 1976


Judgment reversed insofar as appealed from, without costs and disbursements, determination annulled, and matter remitted to the respondent State commissioner for a new hearing and determination.

The proof adduced at the hearing does not sustain the finding that petitioner willfully concealed income. His conviction, occurring subsequent to the decision after the hearing, likewise constitutes inadequate proof to sustain such finding. Under the circumstances, a new hearing...

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