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MATTER OF SCHLOSSBERG v. WING

277 A.D.2d 41 (2000)

715 N.Y.S.2d 44

In the Matter of GUSSIE SCHLOSSBERG, Petitioner, v. BRIAN WING et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 9, 2000.

Respondents' determination to continue 24-hour sleep-in care, but to deny petitioner's request for 24-hour continuous split-shift care, is based on substantial evidence and is not arbitrary and capricious (see, Matter of Curry v Wing, 277 A.D.2d 37 [decided herewith]). The agency's determination, resting as it does on its interpretation of its own regulations and the legislation under which it functions, is entitled to deference...

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