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MATTER OF EBNER v. TOIA

60 A.D.2d 577 (1977)

In the Matter of Rose Ebner, by Her Guardian ad Litem, Seymour Ebner, Petitioner, v. Philip Toia, 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.

December 5, 1977

Petition granted and determination annulled, on the law, without costs or disbursements, and matter remanded to the Department of Social Services for a de novo determination as to petitioner's eligibility for medical assistance as a New York resident.

The determination that petitioner was not a New York resident was not supported by substantial evidence in the record (see Matter of Corr v Westchester County Dept...

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