Memorial Hospital v. Brezenoff

Appellate Division of the Supreme Court of New York

Memorial Hospital v. Brezenoff

84 A.D.2d 699, 448 N.Y.S.2d 413, 1981 N.Y. App. Div. LEXIS 15846

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

DecidedNovember 5, 1981

StatusPublished

This text of 84 A.D.2d 699 (Memorial Hospital v. Brezenoff) 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

Memorial Hospital v. Brezenoff, 84 A.D.2d 699, 448 N.Y.S.2d 413, 1981 N.Y. App. Div. LEXIS 15846 (N.Y. Ct. App. 1981).

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Opinion

Determination of respondent New York State Department of Social Services dated May 31, 1979, dismissing as untimely petitioner’s application to review a determination of respondent New York City Department of Social Services finding former patient of petitioner ineligible for medical assistance under the State Medicaid Program, annulled, the petition granted and the matter remanded for further proceedings, without costs. As respondent New York State Department of Social Services concedes with commendable candor, it was erroneous under all of the circumstances to dismiss as untimely the appeal from the determination of the New York City Department of Social Services. Accordingly, the determination is annulled and the matter is remanded for further proceedings. Concur — Birns, J. P., Sandler, Ross, Markewich and Fein, JJ.

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Determination of respondent New York State Department of Social Services dated May 31, 1979, dismissing as untimely petitioner’s application to review a determination of respondent New York City Department of Social Services finding former patient of petitioner ineligible for medical assistance under the State Medicaid Program, annulled, the petition granted and the matter remanded for further proceedings, without costs. As respondent New York State Department of Social Services concedes with commendable candor, it was erroneous under all of the circumstances to dismiss as untimely the appeal from the determination of the New York City Department of Social Services. Accordingly, the determination is annulled and the matter is remanded for further proceedings. Concur — Birns, J. P., Sandler, Ross, Markewich and Fein, JJ.

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Bluebook (online)

84 A.D.2d 699, 448 N.Y.S.2d 413, 1981 N.Y. App. Div. LEXIS 15846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/memorial-hospital-v-brezenoff-nyappdiv-1981.