Basof v. Perales

Appellate Division of the Supreme Court of New York

Basof v. Perales

169 A.D.2d 565, 564 N.Y.S.2d 419, 1991 N.Y. App. Div. LEXIS 509

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

DecidedJanuary 24, 1991

StatusPublished

Cited by1 cases

This text of 169 A.D.2d 565 (Basof v. Perales) 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

Basof v. Perales, 169 A.D.2d 565, 564 N.Y.S.2d 419, 1991 N.Y. App. Div. LEXIS 509 (N.Y. Ct. App. 1991).

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Opinion

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered April 4, 1990, which, in this CPLR article 78 proceeding, granted respondents’ motion to dismiss the petition, is unanimously affirmed, without costs.

Petitioner claims he is entitled to a $900 reimbursement for the burial expenses of his indigent daughter. The funeral expenses were $4,063.

The applicable law and regulation provide for a $900 reimbursement only for funerals which do not exceed $1,400, excepting cremation, burial plot and ground-opening costs. Here the funeral bill clearly exceeded the $1,400 statutory cap. Therefore, reimbursement was properly denied. (Matter of Mendelsohn v Toia, 46 NY2d 823.) Concur—Sullivan, J. P., Rosenberger, Wallach, Asch and Smith, JJ.

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Order, Supreme Court, New York County (Diane Lebedeff, J.), entered April 4, 1990, which, in this CPLR article 78 proceeding, granted respondents’ motion to dismiss the petition, is unanimously affirmed, without costs.

Petitioner claims he is entitled to a $900 reimbursement for the burial expenses of his indigent daughter. The funeral expenses were $4,063.

The applicable law and regulation provide for a $900 reimbursement only for funerals which do not exceed $1,400, excepting cremation, burial plot and ground-opening costs. Here the funeral bill clearly exceeded the $1,400 statutory cap. Therefore, reimbursement was properly denied. (Matter of Mendelsohn v Toia, 46 NY2d 823.) Concur—Sullivan, J. P., Rosenberger, Wallach, Asch and Smith, JJ.

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Bluebook (online)

169 A.D.2d 565, 564 N.Y.S.2d 419, 1991 N.Y. App. Div. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basof-v-perales-nyappdiv-1991.

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