MATTER OF KRAUSKOPF v. PERALES, 74 N.Y.2d 730 (1989)

543 N.E.2d 79, 544 N.Y.S.2d 814

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.

Court of Appeals of the State of New York.Argued June 1, 1989
Decided June 30, 1989

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward S. Conway, J.

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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.

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 A.D.2d 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.