MATTER OF FOX v. D'ELIA


91 A.D.2d 1069 (1983)

In the Matter of Brian Fox, Petitioner, v. Joseph D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

January 31, 1983


Petition granted, determination annulled insofar as reviewed, on the law, without costs or disbursements, and respondents are directed to reimburse petitioner for that period of time during which he was improperly disqualified from receiving home relief. The State commissioner's determination insofar as reviewed was not supported by substantial evidence. In order to disqualify petitioner from receiving public assistance there must be a finding that he willfully refused, without...

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