New York Court of Appeals
In the Matter of Yvonne Rodriguez, Appellant v. Cesar A. Perales, as Social Services Commissioner of the State of…
June 14, 199586 N.Y.2d 361
Summary
The Court held that under 42 U.S.C. §1383(g) a locality may recoup interim assistance only from the amount of SSI benefits that was initially determined to be due (the "first" or "initial" payment); subsequent corrective retroactive payments are not subject to recoupment. The Appellate Division's decision was reversed and the Supreme Court judgment reinstated. Justice Smith dissented, arguing that the City could retain the corrective payment.