In the Matter of Eva Thomas, on Behalf of Herself and Her Four Minor Children, Petitioner, v. Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents

In the Matter of Eva Thomas, on Behalf of Herself and Her Four Minor Children, Petitioner, v Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents. [MAJORITY] Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent State commissioner, dated February 5, 1982, as denied petitioner a grant for the replacement of furniture. Petition granted to the extent that so much of the determination of the State commissioner as denied petitioner a grant for the replacement of her furniture is annulled, without costs or disbursements, and the matter is remitted to the respondents for a hearing in accordance herewith. The State commissioner correctly held that the theft of petitioner’s furniture did not constitute a “catastrophe” within the meaning of section 131-a (subd 6, par [a]) of the Social Services Law (see Matter of Howard v Wyman, 28 NY2d 434). However, under the circumstances (including the fact that, as the State commissioner noted in her determination, the local agency was incorrect in denying a grant for moving expenses), petitioner is entitled to a hearing on the issue of whether she is eligible for a grant for replacement of her furniture pursuant to sections 131-a (subd 6, par [b]) and 350-j of the Social Services Law (see Matter ofLefebre v Blum, 92 AD2d 9). Weinstein, J. P., Bracken, Brown and Niehoff, JJ., concur.