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Matter of Kiley v. Lavine

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 572 (N.Y. App. Div. 1976)

Opinion

January 26, 1976


In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Social Services, made after a statutory fair hearing, which affirmed a determination of the Orange County Commissioner of Social Services denying petitioner's request for child care services, the State Commissioner appeals from a judgment of the Supreme Court, Orange County, dated July 30, 1974, which (1) held that petitioner was entitled to an allowance for day care services since she was enrolled in a full-time, State-approved "vocational rehabilitation" program, and (2) remanded the matter for a further hearing limited to the issue whether petitioner was satisfactorily participating in said program. Judgment affirmed, without costs. Under the circumstances herein, Special Term's determination was proper (see Matter of Hylton v Nyden, 48 A.D.2d 913). Hopkins, Acting P.J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur. [ 78 Misc.2d 785.]


Summaries of

Matter of Kiley v. Lavine

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1976
51 A.D.2d 572 (N.Y. App. Div. 1976)
Case details for

Matter of Kiley v. Lavine

Case Details

Full title:In the Matter of PATRICIA KILEY, Petitioner-Respondent, v. ABE LAVINE, as…

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

Date published: Jan 26, 1976

Citations

51 A.D.2d 572 (N.Y. App. Div. 1976)