(Download) "Matter Donna Barie v. Abe Lavine" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Donna Barie v. Abe Lavine
- Author : Court of Appeals of New York
- Release Date : January 21, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
[40 N.Y.2d 565 Page 566] Petitioner has challenged a regulation promulgated by the State Department of Social Services which disqualifies welfare recipients from receiving assistance for 30 days for failure to comply with the work referral program established by that department pursuant to subdivision 5 of section 131 of the Social Services Law. It is claimed that the regulation (18 NYCRR 385.7 [a]) conflicts with section 131 of the Social Services Law and is in excess of the statutory authority conferred upon the Department of Social Services. Additionally, petitioner asserts that even if the regulation is not an unwarranted exercise of administrative authority, it is nevertheless unreasonable and arbitrary and hence, invalid (see Grossman v Baumgartner, 17 N.Y.2d 345, 349-350). Special Term confirmed the determination of the Commissioner of Social Services that petitioner had not established a valid reason for failure to report for a job interview, but nevertheless struck down the regulation as arbitrary and capricious. The Appellate Division reversed, holding that the regulation was a valid exercise of administrative power. We agree.
 "Matter Donna Barie v. Abe Lavine" by Court of Appeals of New York ~ Book PDF Kindle ePub Free){kind=link}