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Matter of Bonfanti v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1976
54 A.D.2d 714 (N.Y. App. Div. 1976)

Opinion

October 12, 1976


In a proceeding pursuant to CPLR article 78 inter alia to compel respondents to furnish a full shelter allowance to petitioners, the appeal, as limited by petitioners' brief, is from so much of a judgment of the Supreme Court, Suffolk County, entered December 24, 1975, as, in directing the grant of a shelter allowance, did so subject to a stated condition. Judgment modified, on the law, by deleting from the first decretal paragraph thereof the condition that there be annexed thereto a certified copy of a written assumption or guarantee by Diminica Meilinger of the payment of certain sums. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. No fact findings were presented for review. Special Term, in imposing the additional condition on the direction of the State commissioner, made after fair hearing, that the respondent county commissioner inter alia compute an appropriate shelter allowance in accordance with 18 NYCRR 352.4, had no authority to alter the directions of the State commissioner under subdivision (a) of section 358.18 and section 358.22 of the same regulations (see Matter of Barbaro v Wyman, 32 A.D.2d 647). Hopkins, Acting P.J., Martuscello, Latham, Cohalan and Hawkins, JJ., concur.


Summaries of

Matter of Bonfanti v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1976
54 A.D.2d 714 (N.Y. App. Div. 1976)
Case details for

Matter of Bonfanti v. Kirby

Case Details

Full title:In the Matter of PATRICK BONFANTI et al., Appellants, v. JAMES KIRBY, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1976

Citations

54 A.D.2d 714 (N.Y. App. Div. 1976)

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