MATTER OF FORE v. TOIA


60 A.D.2d 913 (1978)

In the Matter of Lucille Fore, Petitioner, v. Philip 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.

January 30, 1978


Determination annulled, on the law, without costs or disbursements, petition granted, and respondents are directed to reinstate in full petitioner's public assistance grant, and to pay back so much of the grant as has been withheld from her.

The sole evidence submitted by the agency at the hearing was hearsay. Uncorroborated hearsay evidence does not constitute the substantial evidence upon which an administrative decision must be based (Matter of Ayala v Toia...

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