Bertell v. Blum

Appellate Division of the Supreme Court of New York

Bertell v. Blum

82 A.D.2d 903, 440 N.Y.S.2d 708, 1981 N.Y. App. Div. LEXIS 14612

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

DecidedJune 29, 1981

StatusPublished

This text of 82 A.D.2d 903 (Bertell v. Blum) 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

Bertell v. Blum, 82 A.D.2d 903, 440 N.Y.S.2d 708, 1981 N.Y. App. Div. LEXIS 14612 (N.Y. Ct. App. 1981).

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Opinion

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State Commissioner of Social Services, dated July 5,1979 and made after a statutory fair hearing which affirmed a determination of the local agency reducing petitioner’s home health aid assistance. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and respondents are directed to restore petitioner’s home health aid assistance retroactive to the date of its termination; the proceeding is otherwise dismissed on the merits. The State commissioner’s total reliance on hearsay evidence, represented by a fair hearing summary prepared by a person who had no personal knowledge of the facts, precludes a finding that the determination was supported by substantial evidence (see Matter of Roach v Toia, 58 AD2d 652; see, also, Matter of Schadt v Sordino, 48 AD2d 171). Damiani, J.P., Lazer, Mangano and Weinstein, JJ., concur.

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Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State Commissioner of Social Services, dated July 5,1979 and made after a statutory fair hearing which affirmed a determination of the local agency reducing petitioner’s home health aid assistance. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and respondents are directed to restore petitioner’s home health aid assistance retroactive to the date of its termination; the proceeding is otherwise dismissed on the merits. The State commissioner’s total reliance on hearsay evidence, represented by a fair hearing summary prepared by a person who had no personal knowledge of the facts, precludes a finding that the determination was supported by substantial evidence (see Matter of Roach v Toia, 58 AD2d 652; see, also, Matter of Schadt v Sordino, 48 AD2d 171). Damiani, J.P., Lazer, Mangano and Weinstein, JJ., concur.

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Bluebook (online)

82 A.D.2d 903, 440 N.Y.S.2d 708, 1981 N.Y. App. Div. LEXIS 14612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertell-v-blum-nyappdiv-1981.

Opinion

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