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SIMONE v. STATE

191 N.J. Super. 228 (1983)

465 A.2d 1226

ARLENE SIMONE, PETITIONER-APPELLANT, v. DIVISION OF PUBLIC WELFARE, DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY & BERGEN COUNTY WELFARE BOARD, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1983.

Attorney(s) appearing for the Case

Richard S. Semel, Bergen County Legal Services, argued the cause for appellant.

Robert M. Jaworski, Deputy Attorney General, argued the cause for respondent Department of Human Services, Division of Public Welfare (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Robert M. Jaworski, on the brief).

Stephen M. Latimer argued the cause for amicus curiae Legal Services of New Jersey (Legal Services of New Jersey, by Melville D. Miller and Stephen M. Latimer, attorneys).

Before Judges FRITZ, JOELSON and PETRELLA.

FRITZ, P.J.A.D.

This is an appeal by Arlene Simone, a recipient of benefits under the Aid to Families with Dependent Children (AFDC) Program, following a reduction of those benefits by the Bergen County Welfare Board (Board) upon its determination "that there is no lack of parental support as Mr. Simone [appellant's husband] lives in the same house." At appellant's request a "fair hearing" followed, before an administrative law judge. Appellant testified at length...

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