MATTER OF NEWPORT v. TOIA


58 A.D.2d 1022 (1977)

In the Matter of Rosetta Newport, Respondent, v. Philip Toia, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

July 12, 1977


Judgment unanimously affirmed, with costs, for the reasons expressed in the memorandum decision at Special Term, Conway, J.

Petitioner's claim of need under emergency conditions was clearly before the hearing officer and respondents, and was impliedly ruled upon adversely to petitioner. Such action was arbitrary and unreasonable under the circumstances and was properly annulled by...

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