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MTR. OF ANDREWS v. FAHEY

68 A.D.2d 427 (1979)

In the Matter of Eva Andrews, Petitioner, v. John Fahey, as Commissioner of The Albany County Department of Social Services, et al., Respondents

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

June 21, 1979

Attorney(s) appearing for the Case

V. Jerome Luhn (Diane Withiam and Edward Lindner on the brief), for petitioner.

Robert G. Lyman, County Attorney (Philip R. Murray and Alan Joseph of counsel), for John Fahey, respondent.

Robert Abrams, Attorney-General (Clifford A. Royael, Alan W. Rubenstein and Shirley Adelson Siegel of counsel), for Carmen Shang, respondent.

MAHONEY, P. J., SWEENEY, KANE and HERLIHY, JJ., concur.

GREENBLOTT, J.

The issue presented by this proceeding is whether the determination by the Commissioner of the Department of Social Services that, pursuant to 18 NYCRR 385.7 (c), petitioner is ineligible to receive Aid to Dependent Children (ADC) assistance since she voluntarily quit her employment is arbitrary. Petitioner and her five minor children, ranging in age from four to nine years, receive public assistance...

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