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MATTER OF WORTHY v. TOIA

64 A.D.2d 904 (1978)

In the Matter of Albert Worthy et al., Petitioners, v. Philip L. Toia, Individually and 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.

August 7, 1978

Determination annulled, on the law, without costs or disbursements, and petition granted to the extent that respondents are directed to restore vendor payments for home health services administered by petitioner Freeman to her brother, petitioner Worthy.

We find that the State commissioner's determination is not supported by substantial evidence. The record establishes that Albert Worthy has permanently resided with his sister...

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