Matter of Symonds v Berlin
2010 NY Slip Op 08297 [78 AD3d 1613]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


In the Matter of Harold D. Symonds, Jr., Petitioner, v Beth Berlin, Executive Deputy Commissioner, New York State Office of Temporary and Disability Assistance, et al., Respondents.

—[*1] Legal Aid Society of Mid-New York, Inc., Watertown (Terrence J. Whelan of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent Beth Berlin, Executive Deputy Commissioner, New York State Office of Temporary and Disability Assistance.

Kevin C. Caraccioli, Watertown, for respondent Laura Cerow, Commissioner, Jefferson County Department of Social Services.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Jefferson County [Hugh A. Gilbert, J.], entered May 20, 2010) to review a determination of respondent New York State Office of Temporary and Disability Assistance. The determination imposed public assistance and food stamp sanctions.

It is hereby ordered that the determination is unanimously confirmed without costs and the amended petition is dismissed. Present—Smith, J.P., Fahey, Lindley, Sconiers and Gorski, JJ.