Germaine Griffith v. George K. Wyman Book Reviews

Germaine Griffith v. George K. Wyman by Supreme Court of New York Book Summary

[39 A.D.2d 874 Page 874] The reductions in these cases were directed by the said New York City Department for the purpose of recovering the amounts
of public assistance checks which the respective petitioners had allegedly received, indorsed and cashed after having given
allegedly false statements that the checks were either stolen, lost or undelivered. The petitioners in each case, pursuant
to law, had requested a "fair hearing". (See Social Welfare Law, §§ 139-a, 213, 353.) The Attorney-General in his brief in
the Griffith case concedes that: "The purpose of the state fair hearing is to provide a de novo review of the facts of the
controversy and the fair hearing procedure and determinations must accord with due process requirements and be based on substantial
evidence." But the hearings in these cases did not meet the requirements of a "fair hearing"; they did not comply with minimal
due process requirements; nor were the respective determinations of the State Commissioner supported by substantial evidence.
In the Griffith case, the hearing was called and proceeded in the absence of recipient's counsel although the hearing officer
knew or, from the record, should have known that she was represented by counsel. In the absence of counsel, the hearing officer
questioned the recipient and obtained an admission that she had in fact indorsed the particular check but she stated that
it had been stolen or lost thereafter. Then, when counsel later appeared during the progress of the hearing, counsel was placed
in an obviously unfair position in an effort to "impeach" or explain the admissions of her client. In any event, the testimony
of the recipient, considered as a whole, is confusing and it does [39 A.D.2d 874 Page 875]

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