Rosario v. Blum
| Decision Date | 05 February 1981 |
| Citation | 435 N.Y.S.2d 596,80 A.D.2d 511 |
| Parties | In re Margarita ROSARIO, Petitioner, for a Judgment, etc., v. Barbara B. BLUM, etc. et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
A. H. Kleinman, New York City, for petitioner.
J. F. Wagner, New York City, for respondents.
Before KUPFERMAN, J. P., and SULLIVAN, CARRO, SILVERMAN and LYNCH, JJ.
Determination by Commissioner of the State of New York Department of Social Services, dated March 30, 1979, after fair hearing, affirming the decision of the New York City Department of Social Services (agency) to terminate petitioner's grant of assistance unanimously confirmed, without costs or disbursements, and petitioner's claim for damages denied.
Petitioner and her two minor children were recipients of a grant of Aid to Dependent Children. On October 11, 1978, petitioner was notified that her grant was being terminated because she had failed to provide information regarding her husband's presence in the household. Thereafter, on December 29, 1978, after petitioner and her children had been restored to assistance, the agency advised her that the grant would be discontinued, effective January 8, 1979, because "your husband is living in the household." At a fair hearing petitioner challenged these determinations, as well as the agency's failure to provide public assistance for the second semi-monthly issue in September 1978, before the October 11, 1978 notice, and to provide a rent allowance in December 1978 after the case had been reopened. The respondent State Commissioner affirmed the agency's determination to terminate the grant on October 11, 1978, whereupon petitioner, citing numerous due process violations, commenced this Article 78 proceeding in which she seeks not only annulment of the administrative determination but damages in the sum of $10,000 and an award of counsel fees based on an alleged deprivation of her constitutional and statutory rights. (42 U.S.C. §§ 1983, 1988.)
We find substantial evidence in this record that petitioner's husband was living in the household. She had opened a savings bank account to facilitate his entry into this country from the Dominican Republic on March 26, 1977. Immigration records disclosed that the husband had sought entry to be reunited with his wife, petitioner. The husband was employed at $175 per week listing petitioner's address as his residence, and claimed her and the two children as dependents for tax purposes. Contact with the husband's mother in the Dominican Republic confirmed that he was living in New York with his wife and two children at an address concededly used by petitioner. A co-worker of the husband told an agency representative that he had visited the husband at petitioner's current address and found petitioner and the two children present. Petitioner told the agency representative that she had not seen her husband nor been in touch with him since she left the Dominican Republic. At the hearing she denied seeing him since his arrival in the United States or even knowing of his whereabouts. The...
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