MATTER OF REZOAGLI v. TOIA


62 A.D.2d 1020 (1978)

In the Matter of Margherita Rezoagli, by Her Guardian ad Litem, Agatha Battaglia, 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.

April 10, 1978


Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remanded to the respondent State commissioner for a de novo hearing and determination. Petitioner's application was denied because of a lack of prior approval by the medical director of the local agency pursuant to 18 NYCRR 505.9 (b). At the fair hearing, which the 83-year-old petitioner could not attend because of her confinement in a nursing...

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