N.Y. Social Services Law § 145-c: Sanctions

§ 145-c. Sanctions. Any person who, individually or as a member of a

family, applies for or receives public assistance and is found by a

federal, state or local criminal, civil or other court or pursuant to an

administrative hearing held in accordance with the regulations of the

department, on the basis of a plea of guilty or nolo contendere or

otherwise, intentionally to have (a) made a false or misleading

statement or misrepresented, concealed, or withheld facts, or (b)

committed any act intended to mislead, misrepresent, conceal, or

withhold facts or propound a falsity, for the purpose of establishing or

maintaining the eligibility of the individual or of the individual's

family for aid or of increasing (or preventing a reduction in) the

amount of such aid, then the needs of such individual shall not be taken

into account in determining his or her need or that of his or her family

pursuant to section one hundred thirty-one-a of this article (i) for a

period of six months upon the first occasion of any such offense, (ii)

for a period of twelve months upon the second occasion of any such

offense or upon an offense which resulted in the wrongful receipt of

benefits in an amount of between at least one thousand dollars and no

more than three thousand nine hundred dollars, (iii) for a period of

eighteen months upon the third occasion of any such offense or upon an

offense which results in the wrongful receipt of benefits in an amount

in excess of three thousand nine hundred dollars, and (iv) five years

for any subsequent occasion of any such offense. Any period for which

sanctions are imposed shall remain in effect, without possibility of

administrative stay, unless and until the finding upon which the

sanctions were imposed is subsequently reversed by a court of

appropriate jurisdiction; but in no event shall the duration of the

period for which such sanctions are imposed be subject to review. The

sanctions shall be in addition to, and not in substitution for, any

other sanctions which may be provided for by law with respect to the

offenses involved, except that the social services official or court

official assessing penalties against a recipient for an act of fraud or

misrepresentation described in this subdivision may consider whether to

impose such penalties based upon the existence of the penalties

described herein.