Weissman v. Blum

Appellate Division of the Supreme Court of New York

Weissman v. Blum

78 A.D.2d 682, 432 N.Y.S.2d 251, 1980 N.Y. App. Div. LEXIS 13191

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

DecidedOctober 20, 1980

StatusPublished

This text of 78 A.D.2d 682 (Weissman v. Blum) 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

Weissman v. Blum, 78 A.D.2d 682, 432 N.Y.S.2d 251, 1980 N.Y. App. Div. LEXIS 13191 (N.Y. Ct. App. 1980).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the State commissioner dated April 27, 1979 and made after a statutory fair hearing, which affirmed the order of the local agency discontinuing petitioner’s Medicaid assistance. Determination confirmed, without costs or disbursements, and proceeding dismissed on the merits. Respondents’ decision to discontinue petitioner’s Medicaid assistance was correct. She is an employable person within the meaning of subdivision 5 of section 131 of the Social Services Law and 18 NYCRR 385.1. As such, she failed to [683]*683comply with the relevant work rules promulgated by the State commissioner and thus no longer qualifies for medical assistance. We note that although petitioner’s Medicaid benefits were properly discontinued, her children’s medical assistance benefits are not affected (see Matter of Gunn v Blum, 48 NY2d 58). Lazer, J. P., Mangano, Gibbons and Cohalan, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the State commissioner dated April 27, 1979 and made after a statutory fair hearing, which affirmed the order of the local agency discontinuing petitioner’s Medicaid assistance. Determination confirmed, without costs or disbursements, and proceeding dismissed on the merits. Respondents’ decision to discontinue petitioner’s Medicaid assistance was correct. She is an employable person within the meaning of subdivision 5 of section 131 of the Social Services Law and 18 NYCRR 385.1. As such, she failed to [683]*683comply with the relevant work rules promulgated by the State commissioner and thus no longer qualifies for medical assistance. We note that although petitioner’s Medicaid benefits were properly discontinued, her children’s medical assistance benefits are not affected (see Matter of Gunn v Blum, 48 NY2d 58). Lazer, J. P., Mangano, Gibbons and Cohalan, JJ., concur.

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Bluebook (online)

78 A.D.2d 682, 432 N.Y.S.2d 251, 1980 N.Y. App. Div. LEXIS 13191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weissman-v-blum-nyappdiv-1980.

Opinion

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