MATTER OF AYALA v. TOIA


59 A.D.2d 739 (1977)

In the Matter of Myrna Ayala, Petitioner, v. Philip L. Toia, 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.

October 17, 1977


Determination annulled, on the law, without costs or disbursements, petition granted, and respondents are directed to reinstate petitioner's public assistance grant.

The evidence submitted by the local agency at the fair hearing was clearly hearsay. Although hearsay evidence is admissible in administrative proceedings, there nonetheless must be a "residuum of legal evidence to support the claim" (Matter of Carroll v Knickerbocker Ice Co., 218 N.Y. 435, 440...

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