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Reynolds v. Berger

54 A.D.2d 910, 388 N.Y.S.2d 31, 1976 N.Y. App. Div. LEXIS 14749
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 1, 1976
StatusPublished
Cited by5 cases

This text of 54 A.D.2d 910 (Reynolds v. Berger) 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
Reynolds v. Berger, 54 A.D.2d 910, 388 N.Y.S.2d 31, 1976 N.Y. App. Div. LEXIS 14749 (N.Y. Ct. App. 1976).

Opinion

pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated May 28, 1975 and made after a fair hearing, that no application for authorization for medical assistance had been submitted to the local agency. Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements. The petitioner has the burden of proving eligibility for medical assistance (see Lavine v Milne, 424 US 577). This burden includes proving that an application was made for assistance. Applying the substantial evidence test, the record supports the inference that the petitioner did not make an application for medical assistance. Hopkins, Acting P. J., Damiani, Rabin, Shapiro and Titone, JJ., concur.

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St. Francis Hospital v. D'Elia
71 A.D.2d 110 (Appellate Division of the Supreme Court of New York, 1979)
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Madeley v. Bates
56 A.D.2d 629 (Appellate Division of the Supreme Court of New York, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
54 A.D.2d 910, 388 N.Y.S.2d 31, 1976 N.Y. App. Div. LEXIS 14749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-berger-nyappdiv-1976.