MATTER OF McKILLEN v. PERALES


133 A.D.2d 270 (1987)

In the Matter of Daniel McKillen, Petitioner, v. Cesar A. Perales et al., Respondents

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

August 31, 1987


Adjudged that the petition is granted to the extent that the determination of the respondent State Commissioner is annulled, on the law, without costs or disbursements, and the respondents are directed to restore the petitioner's grant of public assistance retroactive to the date of its termination, and the proceeding is otherwise dismissed on the merits.

It is well settled that a local agency may not discontinue a recipient's public assistance benefits unless the...

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