Town of Marshall v. New York State Department of Social Services

Judgment affirmed, without costs. Memorandum: The judgment of Special Term should be affirmed. Appellant is a part of the same administrative agency as the State Commissioner of Social Services (see Social Services Law, §§ 20, 34, 65, 67) and it may not challenge a determination of the commissioner in an article 78 proceeding (Social Services Law, § 74-h; Matter of Town of Lee v Berger, 62 AD2d 1177; Matter of Samuels v Berger, 55 AD2d 913; Matter of Reed v New York State Dept. of Soc. Servs., 78 Misc 2d 266). All concur, except Cardamone, J., who dissents and votes to reverse the judgment…