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Matter of Halpin v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 671 (N.Y. App. Div. 1993)

Opinion

June 14, 1993

Appeal from the Supreme Court, Suffolk County (Stark, J.).


Ordered that the judgment is affirmed, with costs to the respondent State Commissioner.

The petitioners commenced this proceeding seeking a review of the determination of the New York State Department of Social Services disapproving a proposal of the Suffolk County Department of Social Services to establish a one-year moratorium on the placement of any recipients of public assistance in the hamlet of Bay Shore and the Hampton Bays School District. We find that the petitioners lack standing to bring this proceeding (see, Matter of Weinberg v. Perales, 121 A.D.2d 729; Matter of O'Rourke v. Perales, 193 A.D.2d 802). In any event, we find that the proposal of the Suffolk County Department of Social Services is inconsistent with State law and regulations. The disapproval of the proposal was therefore proper in all respects (see, Matter of Toia v. Regan, 40 N.Y.2d 837; see also, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Thompson, J.P., Sullivan, Lawrence and Eiber, JJ., concur.


Summaries of

Matter of Halpin v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 671 (N.Y. App. Div. 1993)
Case details for

Matter of Halpin v. Perales

Case Details

Full title:In the Matter of PATRICK G. HALPIN, as County Executive of the County of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 14, 1993

Citations

194 A.D.2d 671 (N.Y. App. Div. 1993)
599 N.Y.S.2d 95

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