MATTER OF MARTIN v. BATES


65 A.D.2d 818 (1978)

In the Matter of Frieda Martin, Petitioner, v. Charles W. Bates, as Commissioner of The Department of Social Services for Westchester County, Respondent

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

November 27, 1978


Petition granted, determination annulled, on the law, without costs or disbursements, and the charge against petitioner is dismissed.

In our opinion, the determination of the respondent commissioner was arbitrary and capricious and was not supported by substantial evidence. There was no substantial evidence to support the charge that the petitioner, a social services caseworker, "rudely treated and spoke in a derogatory manner" to one of her clients. The evidence...

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