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MATTER OF REYNOLDS v. BERGER

54 A.D.2d 910 (1976)

In the Matter of Torance Reynolds et al., Petitioners, v. Stephen Berger, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 1, 1976

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 U.S. 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...

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