Smythe v. Lavine

An article 78 proceeding has been instituted in this court to have a fair hearing decision reviewed, annulled and reversed .on the grounds that it was arbitrary, capricious and contrary to the law to have the petitioner’s March, 1973 discontinuance of “ R’s ’’ public assistance affirmed, and to have the respondent, Commissioner of the New York State Department of Social Services directed to affirm the petitioner’s discontinuance of “ R’s ” public assistance.

The respondent, a piarried woman of 25 years of age, referred to as “ R ”, her boyfriend and a child born to her in 1968, whose paternity…