skip to content

Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Fair Hearing 4366001J: Was the determination of the Agency that the Appellant is ineligible for Public Assistance and Food Stamp benefits because such individual has been found by the Agency to be fleeing to avoid prosecution or custody or conviction for a felony correct?

  • Organization: State of New York, OTDA
  • Document Type: Case law/admin decisions
  • Date Created: Sunday, May 21, 2006
  • Submitted: Sunday, May 21, 2006
  • Attachment(s): PDF

Decision establishes that the mere match of a social security number and a vague physical resemblence was not sufficent to establish that the Appellant was a fleeing felon. Based on an NCIC match, the Agency proposed to discontinue the Appellant's PA and FS benefits alleging that she was a fleeing felon with an outstanding felony warrant in Colorado. The Agency could produce no evidence that the Appellant's name was listed as an alias. The Appellant had consistently maintained that she was the victim of identity theft and offered her fingerprints to law enforcement. You can read the full text of this hearing by logging on to the Online Resource Center and entering the Fair Hearing Bank. You can link to this hearing from the front page.

Pro Bono and legal aid attorney resources - Pro Bono Net