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IN THE MATTER OF PICON v. JOHNSON

30 A.D.3d 301 (2006)

818 N.Y.S.2d 198

In the Matter of MARIA PICON, Petitioner, v. JOHN A. JOHNSON, as Commissioner of the New York State Office of Children and Family Services, et al., Respondents.

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

June 22, 2006.

The determination that petitioner was not eligible to be reimbursed at the rate for special needs children is rationally supported by substantial evidence (see Matter of Jennings v New York State Off. of Mental Health, 90 N.Y.2d 227, 239-240 [1997]). The record supports the view that the child had some minor developmental delays that had improved with time and some health problems that were controlled with medication,

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