Prior to the April 22, 1972 recodification of Fair Hearing regulations at 18 NYCRR Part 358, necessitated by the court orders issued in Almenares v Wyman, 334 F.Supp. 512 (S.D.N.Y. 1971), affd. 453 F.2d 1075 (2d Cir. 1971), cert. denied 405 U.S. 944, 92 S.Ct. 962, 30 L.Ed.2d 815 (1972), New York's Fair Hearing regulations were found at 18 NYCRR Parts 84 and 358 as well as at 18 NYCRR § 351.26.
This file contains New York State Department of Social Services (NYSDSS) "Bulletin 128: Fair Hearings." The Fair Hearing regulations contained in this version of Bulletin 128 were in effect from August 12, 1971 until April 22, 1972 when the recodified version of 18 NYCRR Part 358 took effect.
The Fair Hearing regulations contained in this version of Bulletin 128 were promulgated between 1968 and 1971, that is, during and immediately after the landmark litigation and seminal due process decision in Kelly v Wyman, 294 F.Supp. 887 (S.D.N.Y. 1968) and 294 F.Supp. 893 (S.D.N.Y. 1968), affd. sub nom. Goldberg v Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970).
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