Denton v. Axelrod

Appellate Division of the Supreme Court of New York

Denton v. Axelrod

141 A.D.2d 542, 529 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 6283

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

DecidedJune 6, 1988

StatusPublished

This text of 141 A.D.2d 542 (Denton v. Axelrod) 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

Denton v. Axelrod, 141 A.D.2d 542, 529 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 6283 (N.Y. Ct. App. 1988).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated February 19, 1987, which, after a hearing, denied the petitioner’s application for the services of a licensed practical nurse.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Based upon our review of the record, we conclude that there is substantial evidence to support the Commissioner’s determination that the services of a licensed practical nurse were not medically necessary for the care of the petitioner’s child (see, e.g., 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). Accordingly, the petitioner’s application for the services of a licensed practical nurse was properly denied. Thompson, J. P., Weinstein, Eiber and Harwood, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated February 19, 1987, which, after a hearing, denied the petitioner’s application for the services of a licensed practical nurse.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Based upon our review of the record, we conclude that there is substantial evidence to support the Commissioner’s determination that the services of a licensed practical nurse were not medically necessary for the care of the petitioner’s child (see, e.g., 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). Accordingly, the petitioner’s application for the services of a licensed practical nurse was properly denied. Thompson, J. P., Weinstein, Eiber and Harwood, JJ., concur.

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Bluebook (online)

141 A.D.2d 542, 529 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 6283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denton-v-axelrod-nyappdiv-1988.

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