(DOWNLOAD) "Matter Dorothy Donato v. George K. Wyman" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Dorothy Donato v. George K. Wyman
- Author : Supreme Court of New York
- Release Date : January 25, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
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[32 A.D.2d 1061 Page 1061] Petitioner was a recipient of public assistance in the form of Aid to Dependent Children (ADC). During the period from September,
1967 to January, 1968, while she was receiving this assistance, she received certain funds from the Social Security Administration
and the Veterans Administration in the total amount of $2,613. She failed to report the receipt of these funds to the local
welfare agency (the respondent Rockland County Department of Social Services), which agency suspended her assistance on February
1, 1968, when it discovered her receipt of these funds. After an investigation, the assistance was discontinued on May 1,
1968, the local agency having determined that petitioner was no longer eligible for assistance, since she had available cash
resources over and above her current needs. Pursuant to subdivision 2 of section 353 of the Social Services Law, petitioner
appealed to the respondent New York State Department of Social Services and was accorded a "fair hearing". She was represented
by counsel and the hearing was held before a Department-appointed referee. Upon the evidence adduced at the hearing, the Commissioner
determined that out of the $2,613 she had received from the Social Security Administration and the Veterans Administration
the sum of $800, which petitioner had turned over to her mother, and the sum of $600, which she turned over to her sister-in-law,
were still available to her for use for her support and maintenance and for the support and maintenance of her children; that
the money was not given to her mother and sister-in-law in return of any loan or otherwise required to be turned over to them;
that it was a purely voluntary act by petitioner and that the mother and sister-in-law are mere custodians or trustees of
the funds for petitioner's benefit; and that, accordingly, the local agency had correctly discontinued assistance, since petitioner
has resources available to her over and above her current needs. The sole issue for our determination is whether the decision
of the State Department of Social Services was supported by substantial evidence. At the hearing, petitioner testified that
she had given $800 to her mother and $600 to her sister-in-law and that these sums represented repayment of loans made by
them to her. Further, it was stipulated that, had her sister-in-law (who was present at the hearing) testified, her testimony
would be that during the year or so then past she received $600 from petitioner for certain moneys she had given petitioner
and that she had knowledge that petitioner was receiving Veterans' and Social Security benefits. In our view, petitioner's
testimony was, to say the least, sparse, vague and far from persuasive. She offered no proof whatever to establish that her
mother or sister-in-law no longer had the respective funds which had been turned over to them or that they were [32 A.D.2d
1061 Page 1062]
 "Matter Dorothy Donato v. George K. Wyman" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}