Carola B.-M. v. N.Y.S. Office of Temp. & Disability Assistance

• Decision Date: 23 December 2021
• Docket Number: 968,TP 19-01463
• Citation: 200 A.D.3d 1675,159 N.Y.S.3d 790
• Parties: In the Matter of CAROLA B.-M. and Tiara M., Mother and Dependent Daughter, Isaiah M.M., an Infant, Petitioners, v. NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE and Orleans County Department of Social Services, Respondents.
• Court: New York Supreme Court — Appellate Division

200 A.D.3d 1675
159 N.Y.S.3d 790

In the Matter of CAROLA B.-M. and Tiara M., Mother and Dependent Daughter, Isaiah M.M., an Infant, Petitioners,
v.
NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE and Orleans County Department of Social Services, Respondents.

968
TP 19-01463

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

Entered: December 23, 2021

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.

159 N.Y.S.3d 791

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by an order of the Supreme Court, Orleans County [Tracey A. Bannister, J.], entered August 1, 2019) to review a determination of respondent New York State Office of Temporary and Disability Assistance. The determination, among other things, denied the application of petitioners Carola B.-M. and Tiara M. for supplemental nutrition assistance program benefits.

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 Assistance (respondent) that, among other things, upheld, after a hearing, the denial by respondent Orleans County Department of Social Services (DSS) of supplemental nutrition assistance program (SNAP) benefits (see 18 NYCRR part 387) to Carola B.-M. and Tiara M. (petitioners) on the ground that they were ineligible college students. We agree with petitioners that the determination should be annulled.

"Congress created SNAP to provide food for people in need. SNAP is administered by the states, in compliance with rules and regulations set by the U.S. Department of Agriculture (USDA). SNAP benefits are disbursed to ‘household’ units based on a formula that considers a household's income and size" ( Matter of Leggio v. Devine , 34 N.Y.3d 448, 451, 121 N.Y.S.3d 206, 143 N.E.3d 1084 [2020] ). "To be eligible for SNAP benefits, household members between the ages of 16 and 59 also must comply with work requirements set out in 7 CFR 273.7, promulgated pursuant to the statutory conditions of participation in the program (see 7 USC § 2015 [d] [1]). Household members between the ages of 18 and 49 who are students are exempt from the work requirements set forth in section 273.7 but are not eligible to participate in SNAP unless they comply with...