MATTER OF DANIELS v. HAMMONS


228 A.D.2d 341 (1996)

644 N.Y.S.2d 248

In the Matter of Susan Daniels, Appellant-Respondent, v. Marva L. Hammons, as Social Services Commissioner of The City of New York, et al., Respondents-Appellants

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

June 20, 1996


Respondents' claim that the underpayments found by the Administrative Law Judge were eliminated by subsequent overpayments was never raised before the Administrative Law Judge, who made no findings as to the amount of benefits to which petitioner was entitled, but only that the City respondent improperly reduced benefits without notice. Respondents, who did not appear at the Administrative Fair Hearing, may not decide on their own, without affording petitioner an opportunity...

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