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 New York Court of Appeals held that a locality may recoup interim assistance only from the amount of retroactive SSI benefits that was initially determined to be due at the time of the first payment, and not from any later corrective payments. The Court reversed the Appellate Division and reinstated the Supreme Court's judgment. Justice Smith dissented, arguing that the City was entitled to retain the corrective payment.