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MATTER OF CITY OF NEW YORK v. WING

250 A.D.2d 480 (1998)

673 N.Y.S.2d 120

In the Matter of City of New York, Respondent, v. Brian J. Wing, as Acting 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, First Department.

May 19, 1998

We agree with Supreme Court that respondents cannot on the basis of "`unpromulgated, internal audit standards'" (Matter of Flowers v Perales, 170 A.D.2d 217, 218, lv denied 78 N.Y.2d 857) hold petitioner responsible for collecting an arbitrarily and unilaterally determined amount of money allegedly overpaid to home care providers. There is no statutory or regulatory authority for...

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