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WILLIAMS v. LAVINE

47 A.D.2d 804 (1975)

Phillip Williams, Petitioner, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 6, 1975

Determination unanimously annulled, on the law and facts, with costs and petition granted.

Memorandum:

The denial of request of petitioner for a special grant for moving expense pursuant to department regulation 18 NYCRR 352.6(a) was arbitrary and capricious, there being no rational basis in the record to sustain such determination (Matter of Howard v. Wyman, 28 N.Y.2d 434). That regulation refers only to a dual criteria...

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