MATTER OF CAROLA B.-M. v. NEW YORK STATE OFF. OF TEMPORARY & DISABILITY ASSISTANCE

968 TP 19-01463

200 A.D.3d 1675 (2021)

159 N.Y.S.3d 790

2021 NY Slip Op 07401

In the Matter of Carola B.-M. et al., Petitioners, v. New York State Office of Temporary and Disability Assistance et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2021.


Attorney(s) appearing for the Case

HARTER SECREST & EMERY LLP, BUFFALO ( MARY CLAIRE HAMILTON OF COUNSEL), FOR PETITIONERS.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( ALLYSON B. LEVINE OF COUNSEL), FOR RESPONDENT NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.

KATHERINE BOGAN , COUNTY ATTORNEY, ALBION ( JOHN C. GAVENDA OF COUNSEL), FOR RESPONDENT ORLEANS COUNTY DEPARTMENT OF SOCIAL SERVICES.

Present—Whalen, P.J., Smith, Lindley, Curran and DeJoseph, JJ.


It is hereby ordered that the determination is unanimously annulled on the law without costs, the petition is granted and the matter is remitted to respondent Orleans County Department of Social Services for further proceedings in accordance with the following memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul a determination of respondent New York State Office of Temporary and Disability...

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