Lawyers Manual - Unified Court System

282 Amy E. Schwartz and Sharon Stapel
Administrative Directives can be found online at the Office of Temporary
and Disability Assistance website,
http://www.otda.state.ny.us/directives/2006/default.htm (last visited June 19,
2006). These policy documents are archived by year from 1990-2006. These
documents (including many documents older than 1990) are also archived
on the Western New York Law Center’s Online Resource Center,
http://onlineresources.wnylc.net/pb/default.asp (last visited June 19, 2006).
12. For example, Rivera v Bane, Index No. 45305-92 (Judgment Dec. 22,
1995) (client is entitled to review documents before the hearing);
Rodriguez v Blum, 79 Civ 4518 (VLB) (Stipulation and Judgment Mar. 3,
1983) (agency must bring a recipient’s complete relevant case record to the
fair hearing).
13. There is informal relief (e.g. systems set up to resolve common issues
faced by public assistance applicants or recipients) available. We have
included a description of some of the informal relief available here. See
also Welfare Law Center, http://www.welfarelaw.org (last visited June 19,
2006). Adding persons to a public assistance budget or obtaining a special
needs allowance in a timely manner, Brown v Giuliani, 158 FRD 251, 269
(EDNY1994); Assessments and employability plans, and placements in
education and training programs; students attending community colleges,
work study or internships, Davila v Turner, Index No. 407163/96 (Sup Ct,
NY County, filed July 20, 1998); The right to keep aid continuing after a
timely fair hearing request, Morel v Giuliani, 927 F Supp 622 (SDNY
1995); “Diversion” tactics prohibited, Reynolds v Giuliani, 35 F Supp 2d
331 (SDNY1999); Timely restoration of benefits after a fair hearing, Piron
v Wing, Index No. 4011310/97 (Sup Ct, NY County, June 24, 1997);
Reductions or discontinuances of benefits due to failure of a recipient to
receive a notice from HRA/DSS by mail, Meachem, et al. v Wing et al.,
Civ Action No. 4630 AGS (SDNY filed June 1999) (Complaint); Other
types of informal relief may be available, and clients can call local legal
services providers (or, in New York City, visit Project FAIR at 14 Boerum
Place, Brooklyn, New York) to determine whether they can address their
problems through the informal systems.
14. These applications are available in English, Spanish, Russian, Arabic and
Chinese. See generally 03 INF-38 (Oct. 22, 2003) and 03 INF-37 (Oct. 22,
2003).