Dillingham v. Lavine

Appellate Division of the Supreme Court of New York

Dillingham v. Lavine

48 A.D.2d 657, 367 N.Y.S.2d 546, 1975 N.Y. App. Div. LEXIS 9664

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

DecidedMay 5, 1975

StatusPublished

Cited by3 cases

This text of 48 A.D.2d 657 (Dillingham v. Lavine) 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

Dillingham v. Lavine, 48 A.D.2d 657, 367 N.Y.S.2d 546, 1975 N.Y. App. Div. LEXIS 9664 (N.Y. Ct. App. 1975).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of the Department of Social Services of the State of New York, dated October 31, 1974, made after a statutory fair hearing, which affirmed a determination of respondent Commissioner of the Department of Social Services of the County of Suffolk, denying petitioners’ application for medical assistance for nursing home care for their elderly parents. Determinations annulled, on the law, without costs, and petitioners’ application for medical assistance for their parents is granted, retroactive to July 19, 1974. Petitioners’ parents are entitled to medical assistance based upon their prior relationship with New York State and their renewed residence in the State (Matter of Corr v Westchester County Dept, of Social Servs., 33 NY2d 111). The amicus curiae brief has not been considered by this court. Latham, Acting P. J., Cohalan, Christ, Munder and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of the Department of Social Services of the State of New York, dated October 31, 1974, made after a statutory fair hearing, which affirmed a determination of respondent Commissioner of the Department of Social Services of the County of Suffolk, denying petitioners’ application for medical assistance for nursing home care for their elderly parents. Determinations annulled, on the law, without costs, and petitioners’ application for medical assistance for their parents is granted, retroactive to July 19, 1974. Petitioners’ parents are entitled to medical assistance based upon their prior relationship with New York State and their renewed residence in the State (Matter of Corr v Westchester County Dept, of Social Servs., 33 NY2d 111). The amicus curiae brief has not been considered by this court. Latham, Acting P. J., Cohalan, Christ, Munder and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 657, 367 N.Y.S.2d 546, 1975 N.Y. App. Div. LEXIS 9664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillingham-v-lavine-nyappdiv-1975.

Opinion

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