Weiss v. Berger

This is an article 78 proceeding to set *110aside a decision by respondent Berger, as Commissioner of the Department of Social Services of the State of New York denying petitioner’s application for home relief on the ground that the decision is arbitrary and capricious.

Petitioner was removed from her mother’s public assistance grant in November, 1974 when she reached the age of 21. Since January, 1974 she has been enrolled in the Queens Hospital Center School of Nursing in a two and one-half-year program which will culminate in her receiving a diploma as a registered nurse in June, 1976. Her…