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MATTER OF PRATT v. BLUM

111 Misc.2d 228 (1981)

In the Matter of Edward Pratt et al., Petitioners, v. Barbara Blum, as Commissioner of the Department of Social Services of the State of New York, et al., Respondents.

Supreme Court, Cayuga County.

November 2, 1981

Attorney(s) appearing for the Case

Allan J. Bentkofsky for petitioners. Robert Abrams, Attorney-General (Edward Knecht of counsel), for Barbara Blum, respondent. Robert P. Lewis for Cayuga County Department of Social Services, respondent.

RICHARD D. ROSENBLOOM, J.

This proceeding is brought pursuant to CPLR article 78 to review a determination by the Commissioner of Social Services denying medical assistance to Edward Pratt. The basis of the commissioner's action was that the request for a fair hearing was not made within the 60-day period provided by subdivision 4 of section 22 of the Social Services Law.

In November, 1978, Edward Pratt suffered a stroke which resulted in paralysis...

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