PATRICK v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES (1999)

Supreme Court, Appellate Division, First Department, New York.

Angela PATRICK, Petitioner-Appellant, v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, et al., Respondents-Respondents.

Decided: January 26, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS and ANDRIAS, JJ.

Petitioner-Appellant, Pro Se. Joseph I. Lauer and Mary Lynn Nicolas, for Respondents-Respondents.

Judgment, Supreme Court, New York County (Herman Cahn, J.), entered January 12, 1998, in a proceeding pursuant to CPLR article 78, which dismissed the petition to annul respondents' determination denying petitioner retroactive public assistance benefits, unanimously affirmed, without costs.

Although respondent New York City Department of Social Services improperly reduced petitioner's benefits in violation of 18 NYCRR § 358-3.6(a)(1)(I), 18 NYCRR § 358-6.4(a), and 18 NYCRR § 358-4.2, she is not entitled to retroactive benefits since she was not a recipient of public assistance benefits at the time of the fair hearing (Social Services Law § 106-b).

MEMORANDUM DECISION.

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