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Matter of Life v. Berger

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1977
58 A.D.2d 650 (N.Y. App. Div. 1977)

Opinion

June 27, 1977


In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated March 5, 1976 and made after a statutory fair hearing, which affirmed a determination of the Westchester County Commissioner of Social Services to discontinue petitioner's grant for day care services, the appeal is from a judgment of the Supreme Court, Westchester County, entered July 15, 1976, which dismissed the proceeding upon granting the motion of the County Commissioner, in which the State Commissioner joined, to dismiss the petition for failure to state facts sufficient to entitle the petitioner to the relief requested. Judgment affirmed, without costs or disbursements. The determination was not arbitrary or capricious (see Matter of Hylton v Nyden, 39 N.Y.2d 61). We have reviewed the petitioner's remaining contention and find it to be without merit. Latham, J.P., Shapiro, Hawkins and Suozzi, JJ., concur.


Summaries of

Matter of Life v. Berger

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1977
58 A.D.2d 650 (N.Y. App. Div. 1977)
Case details for

Matter of Life v. Berger

Case Details

Full title:In the Matter of WENDY LIFE, Appellant, v. STEPHEN BERGER, as Commissioner…

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

Date published: Jun 27, 1977

Citations

58 A.D.2d 650 (N.Y. App. Div. 1977)