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Krauskopf v. Perales

74 N.Y.2d 730 Court N.Y. Decision date 1989-06-30 English

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p. 730
In the Matter of James Krauskopf, Individually and as Commissioner of the New York City Human Resources Administration, et al., Appellants, v Cesar Perales, as Commissioner of the New York State Department of Social Services, et al., Respondents.
Argued June 1, 1989;
decided June 30, 1989
p. 732
APPEARANCES OF COUNSEL
Peter L. Zimroth, Corporation Counsel (Elizabeth S. Natrella and Pamela Seider Dolgow of counsel), for appellants.
Robert Abrams, Attorney-General (Clifford A. Royael, Peter H. Schiff and O. Peter Sherwood of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. .

We agree, for the reasons stated by Justice Ann T. Mikoll at the Appellate Division ( 139 AD2d 147 ), that the Department of Social Services did not violate procedural requirements in adopting a definition of "mental disability” for the purpose of reimbursement eligibility pursuant to Social Services Law § 368-a; and that the definition adopted by the Department of Social Services is neither irrational nor arbitrary.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum.

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