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MATTER OF LEIDE v. DOWLING

224 A.D.2d 427 (1996)

638 N.Y.S.2d 104

In the Matter of Francine Leide, Respondent, v. Michael J. Dowling, 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, Second Department.

February 5, 1996

Ordered that the appeal from the judgment is dismissed as it was superseded by the resettled amended judgment; and it is further,

Ordered that the resettled amended judgment is reversed, on the law, without costs or disbursements, the judgment is vacated, the determination is confirmed, and the proceeding is dismissed on the merits.

The Supreme Court erred in vacating as arbitrary and capricious the determination of the appellant Michael J. Dowling, Commissioner...

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