Denton v. Perales

530 N.E.2d 1284, 72 N.Y.2d 979, 534 N.Y.S.2d 364, 1988 N.Y. LEXIS 2692
CourtNew York Court of Appeals
DecidedOctober 18, 1988
StatusPublished
Cited by7 cases

This text of 530 N.E.2d 1284 (Denton v. Perales) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denton v. Perales, 530 N.E.2d 1284, 72 N.Y.2d 979, 534 N.Y.S.2d 364, 1988 N.Y. LEXIS 2692 (N.Y. 1988).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Petitioner, a widow in her late sixties, has a well-documented history of hypoglycemia dating back to childhood. Until the condition was diagnosed shortly before her initial application for funding, the symptoms of her illness were debilitating. She experienced nightmares and constant bouts of depression, attempted suicide several times, and repeatedly required hospitalization. After it was finally discovered that the cause of this lifelong illness was hypoglycemia, petitioner [981]*981was placed on a special high-protein, low-carbohydrate diet. Respondent does not dispute that there has been a remarkable change in petitioner’s condition; nor is there dispute that the cost of the diet prescribed for her condition can be calculated. Nonetheless, respondent insists that under Social Services Law § 365-a (2), petitioner cannot be provided with the funds required to meet the cost of purchasing her prescribed diet. This is the second time respondent has litigated petitioner’s claim through the appellate courts (see, Matter of Denton v Blum, 95 AD2d 854).

Where the interpretation of a statute or its application involves knowledge and understanding of underlying operational practices or entails an evaluation of factual data and inferences to be drawn therefrom, courts regularly defer to the agency charged with responsibility for administration of the statute, and will uphold its interpretation, if not irrational or unreasonable (Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459). Here, respondent’s restrictive reading of the statute —in effect, that food that can be purchased at a grocery can in no circumstances be considered "medical assistance” — cannot be said to be rational, nor is it humane or in accordance with the legislative purpose (see, Matter of Sabot v Lavine, 42 NY2d 1068, 1069).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Judge Titone taking no part.

Order affirmed, with costs, in a memorandum.

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Related

Lagowski v. Whalen
270 A.D.2d 827 (Appellate Division of the Supreme Court of New York, 2000)
Boyland v. Perales
205 A.D.2d 759 (Appellate Division of the Supreme Court of New York, 1994)
Golden v. Abate
201 A.D.2d 256 (Appellate Division of the Supreme Court of New York, 1994)
Denton v. Perales
195 A.D.2d 506 (Appellate Division of the Supreme Court of New York, 1993)
Alexander L. v. Cuomo
154 Misc. 2d 945 (New York Supreme Court, 1991)
Gabai v. Grinker
148 Misc. 2d 359 (New York Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
530 N.E.2d 1284, 72 N.Y.2d 979, 534 N.Y.S.2d 364, 1988 N.Y. LEXIS 2692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denton-v-perales-ny-1988.