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MATTER OF NORTH SHORE UNIV. HOSP. v. D'ELIA

72 A.D.2d 814 (1979)

In the Matter of North Shore University Hospital, as Attorney-in-Fact for Betty Harris, Petitioner, v. Joseph A. D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

November 26, 1979

Petition granted to the extent that the determination is annulled, on the law and as a matter of discretion, without costs or disbursements, and the matter is remitted to the respondents for further proceedings consistent herewith.

Under the facts and circumstances of the present case, we find that the determination of ineligibility was arbitrary and capricious. Although Ms. Harris did not specifically comply with the request...

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