Fornaris v. D'Elia

Appellate Division of the Supreme Court of New York

Fornaris v. D'Elia

87 A.D.2d 841, 449 N.Y.S.2d 258, 1982 N.Y. App. Div. LEXIS 16314

Appellate Division of the Supreme Court of the State of New York·Decided April 12, 1982·Published

Opinion

— Proceeding pursuant to CPLR article 78 to, inter alia, review a determination of the respondent State Commissioner of Social Services, dated September 8, 1980, and made after a statutory fair hearing, which affirmed the denial of petitioner’s application for medical assistance. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The doctrine of res judicata is inapplicable in the instant proceeding (cf. Matter of Doherty v Cuomo, 76 AD2d 14), and the State commissioner’s determination is supported by substantial evidence. Mollen, P. J., Weinstein, Gulotta and Thompson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Proceeding pursuant to CPLR article 78 to, inter alia, review a determination of the respondent State Commissioner of Social Services, dated September 8, 1980, and made after a statutory fair hearing, which affirmed the denial of petitioner’s application for medical assistance. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The doctrine of res judicata is inapplicable in the instant proceeding (cf. Matter of Doherty v Cuomo, 76 AD2d 14), and the State commissioner’s determination is supported by substantial evidence. Mollen, P. J., Weinstein, Gulotta and Thompson, JJ., concur.

Fornaris v. D'Elia, 87 A.D.2d 841, 449 N.Y.S.2d 258, 1982 N.Y. App. Div. LEXIS 16314 (N.Y. Ct. App. 1982).

Pincite

87 A.D.2d 841 (Fornaris v. D'Elia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related