Matter of City of New York v. Wing

Full title: In the Matter of CITY OF NEW YORK, Appellant, v. BRIAN J. WING, as Acting…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 3, 1998

248 A.D.2d 116 (N.Y. App. Div. 1998)

669 N.Y.S.2d 805

Opinion

March 3, 1998

Appeal from the Judgment, Supreme Court, New York County (Eileen Bransten, J.).

The motion court, properly deferring to respondent's understanding of operational practices and expert evaluation of factual data pertinent to how to best achieve the cost savings purpose of the statute, correctly held that respondent's methodology for assigning cost savings targets to the local social services districts, such as petitioner, was not irrational ( see, New York State Assn. of Counties v. Axelrod, 78 N.Y.2d 158, 166-167; Kurcsics v. Merchants Mut. Ins. Co., 49 N.Y.2d 451, 458-459).

Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.