Covert v. Blum

• Decision Date: 13 October 1983
• Citation: 468 N.Y.S.2d 196,97 A.D.2d 605
• Parties: In the Matter of James L. COVERT, as Commissioner of the Madison County Department of Social Services, Appellant, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 196

468 N.Y.S.2d 196

97 A.D.2d 605

In the Matter of James L. COVERT, as Commissioner of the Madison County Department of Social Services, Appellant, v. Barbara BLUM, as Commissioner of the New York State Department of Social Services, Respondent.

Supreme Court, Appellate Division Third Department.

Oct. 13, 1983.

Karen Hastie, Wampsville, for appellant.

Robert Abrams, Atty. Gen. (Martin Hotvet, Asst. Atty. Gen., of counsel), for respondent.

Before MAHONEY, P.J., and MAIN, MIKOLL, WEISS and LEVINE, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the Supreme Court at Special Term, entered August 4, 1982 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of the New York State Department of Social Services.

Petitioner administered the Federal Food Stamp Program in Madison County pursuant to a delegation of authority from the New York State Department of Social Services. With respondent's approval, petitioner entered into an agreement with the Oneida Valley National Bank to receive, store and distribute food stamp coupons. As part of the responsibilities, the bank had to complete a monthly food coupon accountability report on forms provided by the Federal government.

By letter dated January 26, 1979, respondent informed petitioner that the Oneida Valley Bank owed $3,259.51 to petitioner who, in turn, was responsible to respondent for that sum. On April 25, 1979, petitioner wrote to the bank advising it of the amount owed and, further, informed the bank that it could review respondent's audit by comparing it with its own monthly reports to determine if it wished to challenge the amount owed. On February 7, 1980, the bank advised petitioner that its review showed a shortage of $1,591.01. Thereafter, correspondence between the parties culminated in an unsuccessful meeting of the parties to resolve their differences. By letter dated December 11, 1981, respondent advised petitioner that the department was exercising its right to hold petitioner liable for the $3,259.51 owed by Oneida Valley National Bank. Petitioner commenced this CPLR article 78 proceeding on April 12, 1982. Thereafter, respondent moved to dismiss the petition on the ground that it was untimely commenced. Special Term granted the motion and this appeal by petitioner ensued.

This court recently stated in Matter of Filut v. New York State Educ. Dept. 91 A.D.2d 722, 723, 457 N.Y.S.2d 643 that "It is beyond cavil that an administrative determination is final and binding when it has an impact upon a petitioner", and we further held that "the discretionary power to rehear or reopen matters which exists in nearly all...