Baker v. Westchester County Department of Social Services

Appellate Division of the Supreme Court of New York

Baker v. Westchester County Department of Social Services

56 A.D.2d 600, 391 N.Y.S.2d 652, 1977 N.Y. App. Div. LEXIS 10672

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1977

StatusPublished

This text of 56 A.D.2d 600 (Baker v. Westchester County Department of Social Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Westchester County Department of Social Services, 56 A.D.2d 600, 391 N.Y.S.2d 652, 1977 N.Y. App. Div. LEXIS 10672 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Social Services, dated October 30, 1975 and made after a statutory fair hearing, which affirmed a determination of the Westchester County Department of Social Services which denied petitioner’s application for medical assistance payments. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to grant petitioner’s application for medical assistance payments. We find that there is substantial evidence in the record that, during a visit to New York, petitioner formed the intention of becoming a New York domiciliary and that she returned to Connecticut for the purpose of disposing of her property preparatory thereto. After her return to Connecticut, petitioner fell ill, entered a series of hospitals, and was eventually transferred from a Connecticut hospital to a New York nursing home. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Social Services, dated October 30, 1975 and made after a statutory fair hearing, which affirmed a determination of the Westchester County Department of Social Services which denied petitioner’s application for medical assistance payments. Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to grant petitioner’s application for medical assistance payments. We find that there is substantial evidence in the record that, during a visit to New York, petitioner formed the intention of becoming a New York domiciliary and that she returned to Connecticut for the purpose of disposing of her property preparatory thereto. After her return to Connecticut, petitioner fell ill, entered a series of hospitals, and was eventually transferred from a Connecticut hospital to a New York nursing home. Latham, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 600, 391 N.Y.S.2d 652, 1977 N.Y. App. Div. LEXIS 10672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-westchester-county-department-of-social-services-nyappdiv-1977.