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• Title: Linda Harris v. Abe Lavine
• Author : Supreme Court of New York
• Release Date : January 17, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

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Determination unanimously annulled, with costs, and matter remitted to the Erie County Social Services Department for further action in accordance with section 131-a (subd. 6, par. [b]) of the Social Services Law, and the following memorandum: Since no issue is raised in this proceeding as to the existence of substantial evidence in support of respondents determination under CPLR 7803 (subd, 4), this matter was improperly transferred for disposition to this court (CPLR 7804, subd. [g]). ""Where [as here] the question is one of specific application of a broad statutory term in a proceeding in which the agency administering the statute must determine it initially, the reviewing courts function is limited" (Board v. Hearst Publications, 322 U.S. 111, 131). The Administrative determination is to be accepted by the courts "if it has warrant in the record and a reasonable basis in law" (same citation). "The judicial function is exhausted when there is found to be a rational basis for the conclusions approved by the administrative body" (Rochester Tel. Corp. v. U. S., 307 U.S. 125, 146)" (Howard v. Wyman, 28 N.Y.2d 434, 438). We interpret this language, taken with the statement appearing in the same case that "the construction given statutes and regulations by the agency responsible for their administration, if not irrational or unreasonable, should be upheld" (p. 438), as a directive that the courts are not authorized to require a showing of substantial evidence to sustain a determination of the kind here called into question, but may inquire only as to the arbitrariness or unreasonableness of such a determination. Such inquiry is properly made by the court at Special Term in the first instance (CPLR 7804, subd. [g]); but when the matter has been transferred here, we will determine it (CPLR 7804, subd. [g]; Matter of Conklin v. Riley, 41 A.D.2d 597). There is no dispute about the facts. Petitioner and her two minor children have been receiving assistance under the Federally funded program of Aid to Families with Dependent Children since November, 1971. In December of that year she left the apartment of her parents, where she and her children had been living with 11 other persons of her family, because of overcrowding and inability to get along with her mother. From that time until October, 1972 she and her children lived in two unfurnished apartments of her own; since October, 1972 they have occupied furnished emergency housing maintained for transient occupancy by the Erie County Department of Social Services. Petitioners several requests for a grant with which to purchase household furnishings have been denied, the latest on October 24, 1972 after a fair hearing. Respondent affirmed the denial on the ground that "the appellant presents no grounds under section 352.7 (a) (2) of the requirements of the State Department of Social Services to permit the Agency to make a special grant to establish a household. Further she is still a minor entitled to support from her parents and has been in receipt of a basic [43 A.D.2d 894 Page 895]

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