MATTER OF HYLTON v. NYDEN


39 N.Y.2d 61 (1976)

In the Matter of Christine Hylton, Respondent, v. Paul V. Nyden, as Acting Commissioner of the Westchester County Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1976.


Attorney(s) appearing for the Case

Gerald Harris, County Attorney (Steven R. Kartagener of counsel), for appellant.

Marcia Henry and Gerald A. Norlander for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed and the petition dismissed.

Assuming, without deciding, that the petition should not be dismissed for petitioner's failure to exhaust her administrative remedies, we conclude that the denial of her application for allowance for baby-sitting fees was not arbitrary or capricious. Petitioner went on the welfare rolls half way through her four-year college...

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