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MATTER OF HOWARD v. TOIA

57 A.D.2d 929 (1977)

In the Matter of Betty Howard, Appellant, v. Philip Toia, 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, Second Department.

May 23, 1977

Order and judgment affirmed insofar as appealed from, without costs or disbursements.

There was no showing that the determination of the State commissioner, which affirmed the determination of the local agency, was either arbitrary or capricious. The undisputed fact that there are two "adult" siblings living in the home was an adequate basis upon which to find that no outside babysitter is needed. The issue of notice is not subject to judicial review since it was...

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