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MATTER OF BERDECIA v. PERALES

188 A.D.2d 311 (1992)

In the Matter of Jose Berdecia et al., Appellants, v. Cesar Perales, 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, First Department.

December 3, 1992

As the City was specifically authorized by Social Services Law § 141 to set a discretionary limit on burial expenses, in excess of which the payor would not receive any reimbursement, the courts may not substitute judicial oversight for the discretionary management of the public's business by the relevant public official (see, Jiggetts v Grinker, 75 N.Y.2d 411). The policy in question applies equally to all potentially...

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