John v. Toia — 60 A.D.2d 765

Majority

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In the Matter of Ramona John, Individually and on Behalf of Her Infant Children, Nancy John, and Others, Respondent, v Philip L. Toia, as Commissioner of the New York State Department of Social Services, et al., Appellants.

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Advances paid to petitioners to pay their regular utility bills which were long past due are not nonrecoverable emergency payments under section 350-j of the Social Services Law and may properly be recouped under 18 NYCRR 352.7 (g) (5) (Baumes v Lavine, 38 NY2d 296 ). Since this record is absent of proof of a " 'sudden and unexplained emergency event’ ” (Matter of Adkin v Berger, 41 NY2d 1030 , affg on opn at 50

p. 766

AD2d 459 , 461), the judgment at Special Term must be reversed and the decision made after the fair hearing reinstated (see, also, Matter of Coleman v Berger, 60 AD2d 758 ). (Appeal from judgment of Erie Supreme Court— art 78.) Present—Moule, J. P., Cardamone, Simons and Hancock, Jr., JJ.

Cases cited

Baumes v. Lavine 38 NY2d 296 N.Y. 1975-12-04 p. 765