MATTER OF LaFLAMME v. BERGER


87 Misc.2d 494 (1976)

In the Matter of Donald LaFlamme, Petitioner, v. Stephen Berger, as Commissioner of the Department of Social Services of the State of New York, et al., Respondents.

Supreme Court, Onondaga County.

July 8, 1976


Attorney(s) appearing for the Case

Susan R. Horn for petitioner. Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for Stephen Berger, respondent. John B. LaParo and Clifford W. LaBarge for John L. Lascaris, as Commissioner of the Department of Social Services of the County of Onondaga, respondent.


EDWARD F. McLAUGHLIN, J.

Petitioner seeks judicial review under CPLR article 78 reversing and annulling respondents' decision denying payment to petitioner for the cost of the care and maintenance of his seeing-eye dog pursuant to subdivision 2 of section 365-a of the Social Services Law on the grounds that it is contrary to the duty imposed by the statute, is arbitrary, capricious and contrary to law.

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