Williams v. Lavine

Determination unanimously annulled, on the law and facts, with costs and petition granted. Memorandum: The denial of request of petitioner for a special grant for moving expense pursuant to department regulation 18 NYCRR 352.6(a) was arbitrary and capricious, there being no rational basis in the record to sustain such determination (Matter of Howard v. Wyman, 28 N Y 2d 434). That regulation refers only to a dual criteria to be met before the department shall be required to pay recipient’s household moving expense, i.e., (a) that a change of residence is necessary; and (b) that other means are…