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NICHOLAS KOSJER v. COMMONWEALTH PENNSYLVANIA (08/30/83)

decided: August 30, 1983.

NICHOLAS KOSJER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of In Re: Appeal of Nick Kosjer, Case-Act 51.

COUNSEL

Dennis J. Stofko, for petitioner.

Jean E. Graybill, Assistant Attorney General, for respondent.

Judges Rogers, Blatt and Doyle, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 76 Pa. Commw. Page 614]

Nicholas Kosjer has appealed from an order of the Hearing and Appeals Unit of the Department of Public

[ 76 Pa. Commw. Page 615]

Welfare (DPW) upholding a decision of the Emergency and Special Programs Unit of DPW denying him a grant for the loss of personal property belonging to his deceased mother, Mildred Kosich, allegedly damaged or destroyed by a flood in 1977. The grant sought was authorized by Section 1 of the Act of April 28, 1978, P.L. 122, 71 P.S. § 1689.201.

Mildred Kosich lived in Johnstown, Pennsylvania when the city was flooded on July 20, 1977. She died on May 8, 1978. By the Act of April 28, 1978, cited above:

(a) Upon receipt and approval of a sworn application by any person for nonbusiness or non-farm personal property damaged or destroyed by the floods of July 1977, the Office of the Governor may make a grant to cover a portion of the adjusted loss.

71 P.S. § 1689.201(a). Mildred Kosich did not apply for a grant during her lifetime. On August 27, 1979, Nicholas Kosjer applied for a grant on behalf of his mother's estate claiming that his mother lost personal property worth $10,080.06 in the flood. Kosjer stated in the application that his mother had orally agreed that her household goods were to be divided equally among her three children at her death. None of the children lived with their mother. Nicholas Kosjer lived nearby and applied for and received a grant for his own personal property losses.

The grant applied for by Nicholas Kosjer on account of his mother's asserted loss was refused on the ground that the grants authorized by the Act were intended to assist flood victims unable to meet the expenses or needs related to the loss or injury of their personal property; and that such grants ...


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