New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 370 - Safety Net Assistance
Section 370.6 - Appeals by social services officials

(a) A social services official responsible in an individual case for either the authorization of assistance or the investigation of the application for assistance and the making of a recommendation relative to such application has the right to appeal to the office from a decision made in such case by another social services official.

(b) The appellant social services official must file with the office an appeal in writing setting forth the basis for his or her determination or decision, the action or determination sought to be reviewed, and a statement in justification of his or her determination or decision. Three copies of such appeal must be delivered in person or by certified mail to the office.

(c) The office must hold a hearing in accordance with the requirements of section 22 of the Social Services Law.

(d) The notice of appeal may be filed at the time the decision to grant assistance is reached and may be prior to or simultaneous with the issuance of the grant. The filing of an appeal does not represent a request for approval to grant assistance.

(e) Where a town social services officer fails or refuses to issue a grant for safety net assistance which has been recommended by a county social services official, the county social services official must apply to the office for a review of the town's action and issue assistance to the safety net assistance applicant pending the office's review and decision.