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MTR OF LANEVE v. TOIA

95 Misc.2d 659 (1978)

In the Matter of Vito N. Laneve, Petitioner, v. Phillip Toia, as Commissioner of the Department of Social Services of the State of New York, et al., Respondents.

Supreme Court, Onondaga County.

May 18, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for Phillip Toia, respondent. John Barnaba for John L. Lascaris, as Commissioner of the Department of Social Services of the County of Onondaga, respondent. Ryan Wittenburg & Shannon (Richard A. Wittenburg of counsel), for petitioner.

THOMAS ALOI, J.

Respondent Commissioner Toia moves to dismiss the petition herein, as barred by section 135-a of the Social Services Law.

On September 8, 1976, petitioner filed an application for medical assistance on behalf of his then hospitalized 89-year-old father with the Onondaga County Department of Social Services. The application was denied on October 18, 1976. A fair hearing was requested on...

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