Durban v. Kaladjian

OPINION OF THE COURT

Edward H. Lehner, J.

The issue presented in this CPLR article 78 proceeding is *908whether respondent Commissioner of the New York State Department of Social Services (DSS) was arbitrary and capricious in denying petitioner, a foster care parent, standing to seek administrative review of the adequacy of foster care payments on the grounds that the subject children were not in her care on the date that she requested the hearing.

Petitioner contends that the respondent’s recent interpretation of the statute and DSS regulations was irrational, unreasonable, beyond his jurisdiction…