Opinion
December 6, 1976
Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated January 28, 1976, and made after a statutory fair hearing, which affirmed a determination of the respondent Commissioner of the New York City Department of Social Services, which discontinued petitioner's grant of public assistance. Determination annulled, on the law, without costs or disbursements, and matter remanded to the respondent State commissioner for a new determination in accordance herewith. A decision in this matter could not have been properly rendered by the commissioner of the State agency on the basis of evidence elicited at the hearing before another person, when the commissioner did not hear or read an exact rendition of the testimony adduced at such hearing. The commissioner may not depend upon the hearing officer's view of the evidence (see Cruz v Lavine, 45 A.D.2d 720). Latham, Acting P.J., Damiani, Hawkins and O'Connor, JJ., concur.